Challenging delay condonation order by Divisional Commissioner Office
2 years ago
A money lender had done a nominal deed dated 2002 in lieu of giving loan to the farmer. The money lender did not do the re-conveyance deed even after the payment of the loan amount by the farmer. Due to the harassment at the hands of the money lender the farmer and his wife committed suicide. Meanwhile the moneylender did not do mutation entry out of fear of law due to incident. In 2007 the farmers property was inherited by his small kids. They under protection of grandmother took the district court permission to sell the land. We bought the land from them in 2007 and got the mutation entry then itself. The 7/12 has our name and the land is in our possession since 2007. The said moneylender filed a delay condonation appeal challenging mutation entry infront of the SDO. The SDO gave result in the moneylenders favour. We filed a revision appeal infront of the Divsion commissioner aganst SDO's order. The Divisional commissioner office also gave result favourable to the money lender.
Q1. Have we missed any step while going from SDO to the Divisional commissioner. Can this be challenged by the opposing party in the higher court. If so then what should be the course correction that can be taken by us now.
Q2. What is time limit to appeal against the Divisional commissioners order. Is their any relief due to the current corona lockdown.
Q3. What is the best strategy and way ahead to get the final ruling in our favour in a cost-effective and less time
Ayantika Mondal @ Prime Legal
Responded 2 years ago
1. You can file a appeal after SDO orders to Divisional commissioner. This will depend on the grounds that whether it can be challenged or not.
2. The period of limitation for filing the appeal is 60 days. Further delay need to authority present.
3. You can file a petition for arbitration. ADR methods are very cost effective and less time consuming.
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1. Its tough for me to state whether opposing party can challenge in high court with limited facts and the orders given.
2. You can appeal is required to be filled within 60 days. If there is any delay in filing than you need to satisfy authorities for reason of the delay.
3. You can solve dispute amicably or can go for arbitration proceeding for same.
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