Pls suggest for next step after review dismissed by high court

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This topic contains 6 replies, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 1 week, 5 days ago.

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  • #3493

    I Purchased a plot from Madhya pradesh grih nirman society in 2002.I had registry of plot in 2002. From 2002 to till date I am paying all taxes to society. But in 1986 cooperative society alloted plot to XYZ Person and took some amout also but after some dispute society dismissed his membership and also cancelled allotment in 2000. So XYZ person filed case in district coperative registrar office and got first decision in 2004 in his favour.. then step by step he got resutls in his favpur.but society challenged everytime in higher courts and lastly in indore high court , court ordered society to did registry in his favour.

    Society and XYZ person never informed to courts that plot already sold out in 2002 and also nobody informed me. But after indore high court decision society sent me a notice that we have to cancell your registry as XYZ person win the case.court not given any cancellation order as court don’t know plot already sold in 2002.

    So I filed review in high court but review dismissed.

    The review petition has been filed by the petitioner who was not party to the preceedings in WP on the grpund that through registered sale deed dated 22.10.2002,he purchased the plot in question,which was initially alloted to respondent no 2 , and on his back,the aforesaid order has been passed, and therefore the impunged order be reviewed.
    As per record initial order was passed by the deputy registratrar , cooperative socities in mandsaur in 2004 i.e. much prior to the date of execution of sale deed.

    Considering the aforesaid order review is dismissed as there is no error.

  • #3497

    Since the review petition against the original judgment of the high court has also been dismissed by that court, you have no other option but to challenge the same in the Supreme Court by way of filing a Special Leave Petition (SLP). Otherwise, the order of the high court would become binding.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

  • #3501

    Sir , How much chances of SLP get admit in supreme court. As I was not party in high court but Was agrieved with decision of high court. So I put review. But suppose in supreme court also get dismissed then what I have to do.

    Also timelimit for filing slp against order of review petition of high court.

  • #3502

    Limitation for filing the SLP is 90 days.

    Chances of SLP getting admitted are generally very less. In majority of SLPs, the Supreme Court does NOT issue notice and dismiss them on the first date.

    If you don’t approach the Supreme Court or if the SC does not entertain your SLP and dismisses it, then that is the end of the matter (though one can file Review Petition and subsequently Curative Petition also, in the SC, but their chances are even further less. See: Success Rate of Review Petition and Curative Petition in Supreme Court). So, if you are going to approach the SC, then make your best efforts by covering all possible grounds.     


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

  • #3503

    First of all thank you sir , your answers are very accurate and helpul.

    But sir , I am bonafide purchase of plot and paying all taxes. I am in possesion since last 15 years with registered sale deed. All the orders are passed on my backside and suddenly I recieved notice from society for registry cancellation. So I put review in indore high court.

    Even some lawyers are saying why you put review when you was not party. You have to writ in high court….can i put writ now in high court.

    I am not getting chance to put my case in front of case. Court not giving chance to me. Aleast court should give compensation order before cancelling my registry of plot.

    I purchase plot with registered sale deed. I have not done any fraud. But if my slp is dismissed they will cancel my registry.

  • #3510

    Pls reply

  • #3529

    As I have already mentioned in my very first reply, the only remedy would be to go to Supreme Court since your review petition has also been dismissed by the high court. So, please do not repeat the same question again and again on this forum. If other lawyers are telling you something else, you are free to follow their advice. My advice on this forum is a pro bono advice, but it is based on my limited knowledge of law and others may have much superior knowledge. As far as my knowledge goes the high court will not grant relief to you in a writ petition against its own order on the civil side. In fact, you have lost the review petition also. Judgment of division bench of the high court has to be challenged before the Supreme Court by filing SLP, and not by filing a writ petition before high court. This is what is my understanding of law as per my limited knowledge. If some lawyers are assuring you of success by way of filing of writ petition in high court against its own decision, well, it is up to you to try that; but don’t expect me to change my opinion.

    You may be a bona fide purchaser, but once a judgment is passed by high court, whether rightly or wrongly, it is to be reversed by the legally available remedy only. A rhetoric will not help. You have to prepare the best possible and strongest possible case and challenge it as per the available legal remedies. However, it is not always that people get justice in spite of their best efforts. But, from your side at least, you should make best possible efforts.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles.

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