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kesavakrishna chiruvella   31 January 2020

time limit exceed in filing petition or did not filed a petition

delay petition cancelled in district court suggested to file in high court to allow with in ninty days.we are not having worth to invest on it. if we would like to go after ninty days is OK or we should. what will happen if we are not going. we are the owners and registered the property .


Learning

 2 Replies

P. Venu (Advocate)     01 February 2020

You have not posted the material facts.

Joy Bose   02 February 2020

The facts are very vague here.

Is it a suit which was denied by the district court? If the district has suggested approaching the high court, then the case is outside the jurisdiction of the district court. 
The 90 days statement applies to submit a "written statement" by the petitioner within 90 days. If the "written statement" is not filed within 90 days, the court shall pronounce judgement against the petitioner. However, the court can extend the deadline in exceptional cases after considering the facts. 

I would recommend you to approach the high court within 90 days.


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