Question with regards to Order 23 Rule 3 CPC
4 months ago
question with regards to Order 23 Rule 3 CPC:
In 2013, previous owner has compromised with Neighbour & bought the passage along with compound wall (compromised in Lok Adalat). I have bought the property now. unfortunately, Neighbour has demolished the compound wall & claims the passage belong them.
Need guidance please
whether the decree is applicable to new owner (me)?
& the ownership of the passage and compound wall belongs to me ?
A.Dear Client,
Lok Adalats, as granted statutory status by the Legal Services Authorities Act of 1987, hold the authority to issue awards deemed as decrees of civil courts. These decisions are final and binding on all parties involved, with no provision for an appeal in any court of law. Despite the absence of an appeal mechanism, dissatisfied parties retain the right to pursue litigation by initiating a case in the appropriate jurisdiction. In the case of a neighbor demolishing a compound wall, you have the option to file a civil suit for declaration and injunction in the Civil Court, seeking compensation for damages. It is advisable to seek guidance from a legal professional, an Advocate, to navigate the necessary steps in this process.
Thankyou
Lok Adalats, as granted statutory status by the Legal Services Authorities Act of 1987, hold the authority to issue awards deemed as decrees of civil courts. These decisions are final and binding on all parties involved, with no provision for an appeal in any court of law. Despite the absence of an appeal mechanism, dissatisfied parties retain the right to pursue litigation by initiating a case in the appropriate jurisdiction. In the case of a neighbor demolishing a compound wall, you have the option to file a civil suit for declaration and injunction in the Civil Court, seeking compensation for damages. It is advisable to seek guidance from a legal professional, an Advocate, to navigate the necessary steps in this process.
Thankyou
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A.Dear Client,
Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties, and no appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate. When the neighbor has demolished the compound wall, you may file a civil suit for declaration and injunction before the Civil Court claiming compensation for damages. Reach out to an Advocate for guidance and steps.
Lok Adalats have been given statutory status under the Legal Services Authorities Act, 1987. Under the said Act, the award (decision) made by the Lok Adalats is deemed to be a decree of a civil court and is final and binding on all parties, and no appeal against such an award lies before any court of law. If the parties are not satisfied with the award of the Lok Adalat though there is no provision for an appeal against such an award, they are free to initiate litigation by approaching the court of appropriate jurisdiction by filing a case by following the required procedure, in exercise of their right to litigate. When the neighbor has demolished the compound wall, you may file a civil suit for declaration and injunction before the Civil Court claiming compensation for damages. Reach out to an Advocate for guidance and steps.
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A.Dear Sir,
The terms of the compromise decree holds good and if compound wall was demolished it may amounts to violation of Court decree.
The terms of the compromise decree holds good and if compound wall was demolished it may amounts to violation of Court decree.
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