Suit dismissed by court as we had suited case earlier as well
24-Aug-2023 (In Property Law)
We have suited a case against our brothers regarding the share of property in court. In first time judgment it was almost favour to us bt at last moment the judge said ur not eligible to get property share as u have suited case before (in 1993 we suited case bt didn't send them notice so we again filed a case in 2010) and didn't respond to it. then again we have filed (2017)the case in another court and its prolonging that the defendant came for compromise but they are not attending the court. but I have proper papers that I also have right. The problem is that if again the court strikes the suite that I am not eligible what should I do? Can I drop my case in middle and occupy my share? Or should I again file a case in higher courts?? Religion: Hindu
Initially the case was dismissed because there was procedural error. You could have cured the lacunae at that time itself. Now if the property the property is in dispute, the title would be decided by court decree only but it is always better to take possession of property while the suit is pending. You can file an appeal an appeal in High Court only if the trial court erred on some law point.
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