Advocate M. Sameer Husaain has bachelor degree of commerce (B.Com) and master of Commerce (M.Com) de... Read More
Process of getting speedy justice in civil litigation
My three sisters sold the prime plot of 500 sq. yards situated in the center of an industrial city of Andhra Pradesh belonging to my late father. One person has filed a case for the recovery of Rs.70,000/- with a fraudulently created promissory note and got ex-parte decree as I always stayed at Chennai due to my professional activities that is away from my home town where in my mother and sisters reside. As my mother is illiterate my sisters filed an affidavit in the court that I am absconding and made my mother to pay the decreed amount and got released the attached plot of 500 Sq. Yards from the local court. After two years these three sisters with the help of the advocate who helped them in the court case advertised notices in the local newspaper in the same town and sold the land mentioning in the GPA agreement that half the amount of sale proceeds will be paid to my mother and in real paid her only one fourth of the said sale proceeds by demand draft, incidentally the same details have also been mentioned in the same GPA agreement . Finally they siphoned out the entire amount from her bank account and admitted her in Anadha Ashramam after torturing and threatening her of dire consequences. My mother has revealed the whole story on her death bed in the Anadha Ashramam and died the very next day. My advocate has lodged a private complaint with the local Magistrate at the same place where offence is committed after exhausting all the trials with the police as they cited the courts involvement. The Magistrate took nearly two months calling for all clarifications and was not willing to finalize and admit the case and proceed further even after providing all answers to get satisfied that there exist a fraud in this case. Then the advocate said that we will try filing the case as per Cr PC 340 in the same Civil Judge court where my sisters have filed their last affidavit saying that I am absconding. This time again the judge has kept the file for orders from the past two months. As I am a senior citizen I would expect speedy justice and what should be my future course of action for a logical end in this case to see that my sisters are punished for the offence they have committed.
- Sector-1, Noida
Answered on 28 Sep 2018
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