Jaishankar R (IT Proffessional) 22 October 2009

Transfer of suits

Hi All,

We have filed civil suit in the high court in Sept ,1993 and it got numbered during end of January 1994.

The prayer in the suit, is to declare sale deed null and void and restore the suit property to us.

In the year of 1997, the high court has transferred this suit to City Civil Court due to valuation adjustments.i.e more than 10 lacs and above worth
properties are only handled in high court.

Now the suit is pending before the city civil court till now (2009). Our witness and cross examinations of all parties have completed. Only arguements and judgement is pending.

In mean time, the defendants are claiming that they have sold the property to x person during Dec of 1993 itself. Now x person has filed an adverse petition in the high court stating that he is the lawful owner of the party staying at this house for the past 15 yrs. Also he has filed a transfer application
praying the high court to transfer the civil court case to high court stating that both of them related to same suit property. The other parties intention is to drag on the matter as loong as they can . Currently they are in the suit property.

Now my questions are:

1) On what grounds can we restrain not to allow the transfer of this case?
2) Already the lower court case is final stage, how can we convice the high court the suit is not required to be transferred?
Is there any other judgements in Supreme Court or any other court which has disallowed the transfer application.
3) Is it right to tell the new purchaser has bought the suit under pending litigation?
4) Any other legal idea?

Thanks in advance..

-Jaishankar.R

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3 Replies

R.R. KRISHNAA (Legal Manager) 22 October 2009

In my opinion the new purchaser has a bonafide ground to claim transfer of suit to high court. Moreover he is necessary party to the litigation. I suggest you to consent for transfer and try both the matters together. If you feel it would prolong further, I suggest you to approach high court under article 227 seeking direction to dispose of the matters within a specified time frame like 6 months or one year. You also have to implead the new purchaser in your case otherwise your suit will fail and in case if you win you may not be able to execute the decree or your decree becomes unenforceable. It is highly surprising to note that the new purchaser comes into picture now only after 12 years and more surprising is that your clients are not at all aware of the transfer of property done by the defendants.

If the new purchaser has surely purchased the property during Dec.1993 as stated by you, i.e., before you obtaining any interim order like interim injunction restraining sale of the suit property, then the new purchaser has a definite right over the suit property.

Already many years have passed by, If the case is further prolonged all the parties would be affected. I suggest you to look for negotiation and peaceful settlement process.

Best of luck.

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Jaishankar R (IT Proffessional) 25 October 2009

Thanks Krishna for your valuble advice.

The new purchaser has intentionally filed this suit to prolong the matter while the lower court case is in the final stage. The new purchaser is already aware of this pending suit and now he counter claims that he is aware of the suit now and only and then filed suit in High Court. If you could advice what is the strong reason which we can project so that the suit may not be transferred to the high court?