Hello All,
I filed a suit for declaration and permanent injection against a property that I bought in Haldwani back in 2009. There is no dispute with the seller/respondent, it’s just he is 89 yrs old person residing in Delhi and unable to visit Haldwani to execute sale deed in my favour.
The respondent lawyer represented the court and gave WS that there is no dispute with the plaintiff and respondent has received all his payment but unable to attend the sub-registrar office due to his age & health. The witness was examined from my side. We also declare that we are willing to pay the full registry fee of the state or any other charges that court may feel fit.
Ultimately OUR CASE WAS DISMISSED by the District court in 2011 and no relief was given to me (plaintiff). We have filed appeal at the high court of Uttrakhand in 2011 but now the respondent is no receiving the summons sent 4 times now from the court. We have also submitted the proof of his current residence with copy of his latest election ID of 2012 election at High court, respondent is now intentionally not receiving summons from HC.
I would like to know what are my options, I purchased the house from the respondent and paid him in full which he acknowledge in records of district court also there is no dispute from the side of respondent and from his side now property belong to me as confirmed by him in his WS filed with the district court.
Would HC will take a view and declare me the owner of said property? Would HC consider the WS of respondent from District court?
Is there a chance that HC also do not give me any relief? What I am supposed to do if not approach the court to be declared as owner of the said property? There is no dispute with the respondent, he is a very old person age 89 and is unable to visit the office of sub-registrar in haldwani? Can HC order sub-registrar haldwani to visit the respondent in Delhi and do the registry? Or will HC declare me the owner and will instruct sub-registrar to collect the fee from me and do needful.
Pls advice,
Regards
Rajesh
