High court case - My father had gifted a property
1 year ago
My father had gifted a property to my mother in 2007 and after he quarrelled n left our house. He is staying with his 2nd wife and by the influence of his 2nd wife, he filed a case in 2014 by saying that she made it by fraud. He had not made the gift deed, he prayed to trial court to cancel the gift deed. My mother won the case in lower court in 2019 ( trial court). Again he filed case in 2019 principal court in (senior division JMFC) and my mother won this case also in November 2021.
Property consists of house and shop. My mother gave house for rent from past 3years and now she want to give a shop for rent also. But my father had put a lock on that shop. Now the shop has 2 locks- one put by my mom and other one by my father. Property possession is with my mother, she has given house for rent , but whenever my mother goes to give the shop for rent means my father comes near the property and vacates the my rental people from there..My mother pays the muncipal tax and do repairs of that property n all. My father simply says still the property is in his possession. My father had two wives, my mom is his first wife. With love and affection he had gifted that property to my mother. And also as he got second marriage, for security to my mother he gifted the property. My father is giving heavy mental torture to us regarding this property. But he is taking well care of his second wife and her children.
But again my father is filling a case in high court.when I checked online HC website he filed case in Highcourt on 22-04-2022,
Case type: RSA
Registration date: 30-06-2022 and
Case hearing date was 16-08-2022
Purpose of hearing: NON COMPLIANCE OF OFFICE-OBJNS for 1ST TIME
It also contains Subordinate court details(Senior division) but case decision date was not mentioned in it. Till now I did not get any notice from high court.
My question is,
1) He filed case after 5months of previous judgement, Is HC allows/ dismisses his case? How can i try to dismiss his case?
2) what does it means non compliance of office objections?
3) Is there any possibilities he won this case in high court?
4) At this stage of case, What can i do?
Please give some suggestions to me to win this case in high court also.. Please guide me urgently I am need..
1. The Hon'ble High Court shall look into the matter first before dismissing or allowing the case.
2. It means that the office/registry of the High Court has raised some objection which are not replied to by your dad.
3. It depends on the case and facts
4. Nothing just wait for the summon to come to you.
2) Non-compliance of office objections means that the petitioner has failed to comply with the objections raised. He wants to comply and clarify them again.
3) If the court admits the appeal, then after compliance, The court will go through the facts and circumstances and then decide. It can't be predetermined like that.
4) You need to contact a High Court Lawyer and be ready with the grounds for dismissal.