File a early hearing application once the courts are again in normal operation
Civil
Hi Sir , we had ancestor property ,Four years back we started construction ,one of my family member came and started abusing us and saying that this property belongs to him, previously we get all the approval from panchayat secretary and we have proper documents ,but still local person got fake documents saying he saled to other person(to own family member) and that person went to civil court and we stopped the construction. still now he didn't submitted single document in the court and simply postpone the hearing. i can see in EC that this guy saled the property to his family member. we have all proper documents still it is taking so long time and our lawyer saying that it is civil case it will take time. but four years its very long period. Can you please suggest on this.
Asked 4 years ago in Property Law
Religion: Hindu
17 Answers
You continue your construction. WHy stopped construction when no stay from court. And court will not grant stay, if no prima cies case made out.
Civil case takes time, you should continue construction.
CIvil suits take 15 years to be disposed of
2) this is on account of huge backlog of cases in trial court
3) you have to file suit to set aside fraudulent sale deed
- Since the said property is an ancestral property , hence without the partition of the same or without taking consent of all the family member it cannot be sell legally.
- If you having all the property documents with you , then how the court granted interim stay and stopped the going on construction of a legal owner of the property.
- If there is no stay granted in his favour , then you can start the construction legally , and none can stop you. Only filing a case before is not enough.
- Further, if the said court has already passed stay order and thereby stopped you for doing construction. then you can approach higher court against that order passed by the said court.
- EC is not a title document to show the ownership.
You can personally ask to judge when going to start dates for hearing or change the lawyer or you only start fighting your case under PIP clause (Party In Person). If you have all proper partition papers of HUF closed.
1. If you have the proof of title in the property then no one else can selft it and if it is sold then the buyer does not receive any clear title in the same.
2. Now if you face physical restraint in peaceful enjoyment of the same then you have the option of filing a suit fr declaration of title and for injunction.
3. In the meantime lodge a complaint with local Police
you need to file a FIR if any cheating or forgery has happened.If any transfer documents are registered then you need to file suit for cancellation
There is a procedure for civil suit. On filing the plaint, in defense written statement is filed, then plaintiff file replication. Thereafter documents are admitted and denied and evidence of both the parties are taken, cross examination and thereafter final argument and judgement and order. It takes time to pass every stage of the suit. Hence, take patience and see that each and every stage, no adjournment is taken casually. Case would take its own time. It is a homeopathic medicine, takes time but cure fully. Relax.
An application must be filed in the high court for expeditious hearing and disposal of the case.
Approach Appellate Court for your legal rights over the property.
Please make Application for expediting the case.If rejected pl challenge it before the Civil Court and get the order of an early hearing and disposals.
Dear Sir,
It is informed that the COVID 19 has affected the court cases and hearings adversely and it may take some more time than usual. But you are suggested to be proactive and instruct your counsel to be work aggressively for solution of the case and if possible take the same to fast track court for speedy hearing.
We suggest you should consult a local lawyer who can examine facts of the case based on the documents and facts.
Civil cases take time to dispose off so you need to be patient and provide all your evidence which prove your ownership of that land.
Place all the documents before the court.
1. Civil cases take time. Your lawyer is right.
2. File an application for vacation of stay in the civil court.
The matter is in court of law.
The civil matters do get delayed.
However what is the reason for delay, did you enquire from your advocate.
If your advocate is not cooperating properly then you better change the lawyer and continue with the new lawyer properly.
- As per the information mentioned in the present query, makes it clear that you have not been guided in a proper way of using the alternate remedies in law to help the disposal of the case as soon as possible.
- I would like to apprise you that it is correct that civil cases may take some longer time but it doesn’t mean that even after four years the matter has not reached the final argument stage.
- There is an option of appointment of local commissioner for the speedy conclusion of the evidences.
- And also you have a writ option to get your matter dispossal as soon as possible as once the order of the Hon’ble HC will be there showing their intention of just to delay the proceedings then the lower court will act in little strict followings.
