Advocate M Lakshmikanth Arya

Questions Answered by Advocate M Lakshmikanth Arya

Q: Filling & Appeal the cases repeatedly

suit OS 41/2022, were dismissed during April 2023 under Order 7 Rule 11(a) & (d) R/w Sec 151 of CPC.Now same plaintiff after 4 months, filed the regular appeal – RA 87/2023 under section 96 read with 41 of cpc with following ground, 1. Trial court has considered the respondent application file under order 7 rule 11 (a) and (d)Question.1. Whether this case is maintainable ?2. On what ground respondents need to contest.

Advocate M Lakshmikanth Arya answered
Resepcted The case is not maintainable since the case is dismissed on the Applicaiotn under order 7 R 11 of the Code of Civil Procedure. The appeal can be challeged only against the judgement and Decree not against the order passed on application. Hence the RA is not maintanable. You only to contest on the ground of maintainablity not on other facts.

Q: I'm alleged of adultery and lady friend forcing for defamati

My friend's husband has alleged adultery on me. Now my female friend guardians forcing me to put defamation case on her husband. Is it possible to put a case so early as the case is at early stage of just 1 year?

Advocate M Lakshmikanth Arya answered
Respected,You can file the defamation case against the such person only if the alligation against is nullified. Untill other wise you cant file the case of defmation against the such person. For your kind infomration, merely making alligation of adultery against some person will not constutte the officen untill other wise he is the party to the above proceeding and the law says, if adultrate is not made as party to the said divorce petition and only the allligation is made out in the pleading, then the suit can be dimissed. Whether you are party to the said divorce petiion is not mentioend but the meter alligation will not constitue the offence. In case, in the trial if no alligation is proced, then you can file the defamdation case against the petitioner. Please wait for judgment to proceed further

Q: Temeperory injunction suit expired what to do

Temeperory injunction suit expired what to do.My next hearing after a month.But the temeperory injunction suit got expired what can be done. Is it ok if I put an application next time for temporary injunction again citing older one expired

Advocate M Lakshmikanth Arya answered
REspected As you infomred temepery injunciton is expired. In case if it expired then you need to move fresh application for injunction or in case if, in the next date is gong to expire, then please request your advocate to extend the said order till the next date of hearing by filing necesary applicaitons.

Q: WHO WILL PAY MAINTENANCE CHARGES TO SOCIETY BEFORE POCESSION

Apartment is purchased. The pocesion is given 5 years ago. The person is not able to pay balance to builder and not registered. Who will pay Last 5 years maintenance to association, builder or buyer. Association is asking buyer to pay. Buyer is not owner yet, registration is pending. Apartment vacant last 5 years

Advocate M Lakshmikanth Arya answered
Respected As you infomred that the possession is given 5 years ago and the registration not done, here the associaiton has absulte right to collect the maintainence from the person who is in possession As you infomred the registration is not done so far that it means that the person possession itself is illgal possession or illegal occupation untill other wisse he acquire absulte titile by way registration.As there is nothing and the Association have the absulute right to recover the amount from the said person and also they can claim for damages for unauhtorised use of the aparment from last 5 years.Please proceed.

Q: Grandfathers self acquired property but his 2nd wife claiming fully

My grandfather had a self acquired property which is registered under both my grandfather and dad's name. But now my grandfather's second wife is claiming that the property belongs to here and she would give to her 2 daughters and she even claims that the property is transferred to her name after my grandfathers death, my dad is not aware ason when and how it was transferred and my grandfather didn't have any will about the legal heir. How do I proceed with it?

Advocate M Lakshmikanth Arya answered
Respected Since your father is the co owner of the said propeorty, he is having equal right in the said proeprty. If her second wife is creating illegal act, you father can get injunction order on the said property extend to his share. Please proceed. If required legal assistence you can contact us or contact near by advocate and proceed further,