LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ranjan (xyz)     30 October 2014

Settlement of issues & proceedings u/s 89crpc

Hi,

From last five dates approx(6 months) my case is held under Settlement of Issues & Proceedings u/s 89crpc.  

Little idea on the case-

I have a property which has dispute , my lawyer file Title suit aginst the person who also has the registered the property the same land through different person within the same family tree .from last two years the case came to Settlement of Issues & Proceedings u/s 89crpc stage. In the mean while other party sold the land to third party.

How good is the Idea for first got the title then go for eviction suit ?Injection is not good as per my lawyer . 

Please help.

 

 



Learning

 7 Replies

adv.raghavan (Advocate,9444674980)     03 November 2014

I think your counsel is correct. You cannot file injunction,because you do not have possession, if i am right. It is better to get through title suit and go for eviction, and sale effected by the other party is null and void, when title it  self is under dispute.

ranjan (xyz)     03 November 2014

Thanks a lot Raghavan,

From your answer Then it looks like i did a mistake in filing the case. I should file Title with Possession.But i have only filed to declare title .

Is it good idea to file a new case to have the possession also as it is not with me,  or change the old one.

Please advice. 

adv.raghavan (Advocate,9444674980)     03 November 2014

No it is not a good idea, proceed with the same.

ranjan (xyz)     04 November 2014

Thanks for your suggestion sir.

Sir, what relief i will get, if the court passes the decree in favor of me as I don’t have possession.

 

Again i have to go for Execution proceedings or Eviction or...but again a new case and so many years. 

Please advice.

adv.raghavan (Advocate,9444674980)     04 November 2014

I can understand your concern, but the same has to be escalated with your counsel to get speedy remedy on this case.

ranjan (xyz)     04 November 2014

Thanks sir.

It would be great if you suggest me some method or way to get the speedy relief from this process. As i written in the beginning that my case from last 6 months standing at the issue of settlement. I told so many times and requested also but all in vain.

Any rough idea...after the degree of this case, again the procedure is same for eviction or execution proceedings ....How much it will take on an avg time?

Further to that i want to tell that in my case all the issue arises due to one partition suit, those there siblings file against each other, from whom i bought. The court decree against the deed from which i bought.

In place of appeal my lawyer went for title without injection without possession , i don’t know the logic behind it. Most of the lawyer telling that it should be appeal in that partition suit. 

 

Please advise....for further course of action.

adv.raghavan (Advocate,9444674980)     04 November 2014

I can reiterate the same thing, civil suits do take more time when compared to criminal cases,now a days even criminal trials are taking more time. So it is difficult to predict timings on this, We have to follow it up closely. I hope and pray for speedy disposal of yours.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register