Raja Naik 14 December 2024

Squashing civil case in high court

Hi - We had one acre of agricultural land near Krishnagiri, Tamil nadu which was under my grand father's name.

Recently after my father and mothers demise, we got that land transferred under my brother's name where i had executed the release deed and my father's sisters had executed release deed and currently it is under my brother's name registered.

One of neighbour now came suddenly and claiming that land belongs to him and his father's brother name is same as my grand father's name and land was owned by his father's brother and he also tried to bribe local police station and scare my brother and get the land registered under his name, but my brother refused to do and when we asked for documents he did not produce any documents in police station nor during talks.

Right now somehow he got some fraudulent documents and filed civil case against us to declare release deed and property registration to declare as null and void.

His intention is to drag the case and cause litigation, can we somehow squash this case in Chennai High court, which he has filed for original suit in Krishnagiri Sub court ?

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3 Replies

T. Kalaiselvan, Advocate (Advocate) 14 December 2024

If he has filed a civil suit you have to challenge it properly and get it dismissed on the strength of documentary evidences in your support and merits.

There's no provision in law to quash the civil suit.

Dr. J C Vashista (Advocate ) 15 December 2024

Very well analysed, opined and advised by learned expert, mr. T Kalaiselvan ji, which I concur and appreciate.

Instant case is civil and not criminal.

Civil suit cannot be quashed by any Court.

Sankalp Tiwari 15 December 2024

Good Morning,

To have the civil case filed in Krishnagiri Sub Court squashed in the High Court, first understand the grounds on which such a petition can be entertained. The High Court generally exercises its power to quash cases under Article 227 of the Constitution of India or, in specific criminal contexts, under Section 482 of the CrPC. However, in civil disputes, the threshold for quashing is higher because the court ensures that it does not interfere with the due process of law unless there is an abuse of the legal system.

In your case, you may also argue that if the neighbour's claim is baseless and the evidence presented by them is fraudulent or not sufficient to create a cause of action, the proceeding is frivolous and done with an intention to harass. All of the evidence that proves the rightful ownership must be presented for consideration by the High Court. This includes registered release deeds executed by you and your father's sisters, records of historical ownership proving that your grandfather had a title, and proof that the neighbour earlier failed to establish his claim when asked to do so. Any evidence of fraudulent practices or attempts to manipulate local authorities by the neighbour also strengthens your case.

While the High Court has the jurisdiction to dismiss the suit if it holds no merit at all, it may advise you to let the case go further in the trial court since there are factual disputes needing evidence and cross-examination. It is wise that you hire a good and experienced property lawyer who could draft a compelling petition as well as argue effectively before the High Court.

Regards,

Sankalp Tiwari