sanjeev rajpurohit 10 December 2024
T. Kalaiselvan, Advocate (Advocate) 10 December 2024
The time limit for filing first appeal before high court against the judgment of the ADJ court is three months excluding the time taken for obtaining certified copies of the judgment.
kavksatyanarayana (subregistrar/supdt.(retired)) 10 December 2024
Yes. After obtaining the certified copy of the judgment the time limit is 3 months.
Dr. J C Vashista (Advocate ) 11 December 2024
I concur the advise of learned experts, it is limited to 90 days excluding time taken in obtaining certified copy of the order passed by ADJ.
Advocate Bhartesh goyal (advocate) 11 December 2024
As per Art 116 of limitation Act time limit to file first civil appeal before High Court is 90 days from date of order/decree of ADJ court excluding time to obtain certified copy of order/judgement.
Sankalp Tiwari 15 December 2024
Good Afternoon,
Your neighbour, having executed valid release deeds and registered the same in the name of your brother, seems to have no material legal basis for the same, especially if he was not able to bring forth any evidence to support his claim initially. Still, the filing of a civil suit brings a legal imperative to respond appropriately and place their claims under counter.
To counter this threat, you should emphasise establishing documentary evidence that proves your family's unbroken ownership. This includes the original copies of property documents, registration release deeds signed by both you and your father's sisters, and older records tracing the title back to your grandfather. You are able to show the true nature of your brother's title and discredit the claim of the neighbour by emphasising all these records in your written submission.
Since the neighbour has filed a civil suit, any fraudulent documents they have submitted should be scrutinized. If forgery or fabrication is evident, you may consider initiating criminal proceedings under relevant sections of the IPC for fraud and forgery. If their claim was frivolous, they would be able to have the suit dismissed for lack of cause of action by making an application under Order VII Rule 11 of the CPC, and that can expedite the case being resolved.
Litigation can drag in and be very draining. For success, however, maintain detailed documentation, get referrals from experienced legal professionals, and proactively advance the case at each turn. Engaging an adept property lawyer who understands what is required locally ensures better protection of your interests.
Regards,
Sankalp Tiwari