To understand the winability chances of the civil case-related to the property
Reference to Case Number: OS No. 112/2008
My grandfather has purchased the land which comprises an area of 3 guntas 114 Sq.yards from the Church of South India, Jagtial (Telangana State) in the year 1978. He has 5 sons and my dad is the elder son. Based on oral partition during my grandfather's times, my dad (1st son of my grandfather) and my uncle -5th son of my grandfather (my dad’s 4th brother) were equally divided the land (area of 3 guntas 114 Sq.yards) and constructed homes on that empty land area in the 2000s. Here, my uncle (5th son of my grandfather) has constructed his residential house in 1 guntas 557 sq.yards but my father has constructed home in 121 Sq. yards in 2008 and the rest of 121 sq. yards of vacant plot (half of his part) kept as a free for our family future purpose.
Within months, my other uncle (4th son of my grandfather/3rd brother of my dad) maliciously grabbed the rest of 121 sq. yards (that vacant plot), and created the bogus papers on the plot. Afterwards, he transferred this plot to his beloved wife as a gift deed without our notice. Then immediately, she sold this land to the outsider-Velpula Dass, and also handed over our land sale deed paper to him.
My dad realized his brother’s malign intention by little late, then gave legal notice to the outsider- Velpula Dass stop this illegal encroachment procedure. Then, that outsider- Velpula Dass immediately filled a false suit against my dad and obtained the exparte temporary injunction orders in 2008. My dad was in the process of getting status quo, then outsider- Velpula Dass has constructed home up to lintel level hurriedly.
Later, we counter filled against the outsider- Velpula Dass and requested the Court to remove his illegal construction on our property, declaration title and grant the mandatory injunction. We have started our case proceeding (since 2008) and however, the case was disposed in 2016 due to Velpula Dass’s failure to pay the court fees. Again, in 2019, this case been resorted by Velpula Dass (outsider) and now the case is at the stage of cross-examination.
On February 2021, our lawyer was deceased. Then, we were planning to hire a new lawyer, during that time my dad has also passed away (in May 2021). Here I would like to take your expert advice to understand the winability chances of this case and know any gaps/loops in the case proceedings.