Can I challenge a court order?

My ancestors gave land in gift deed to Arya committee for college, with conditions stating under three years construction of building and one status of our dad, one member in college trust from our family and if rules not followed land goes back to us, land have 2 parts out of which 1 part college has built other part no use. No statue no membership ,by laws of college says that actual owner of college lands is Arya committee and college management will be trust . We filed a court case for claiming our land back which is not used , and in end we settled with Arya committee and they gave us our unused land back in written settlement approved by court and we removed college trust name from our case, now after we were building on land college trust complaint and state govt stopped our construction, we filed case on state govt in civil judge sd, now college trust came up there on 1(10)cpc saying they are owner of land and court accepted their application we don't want to make them party

2 Answers
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Ayantika Mondal
Advocate Ayantika Mondal Answered: 14 Nov 2024

Given this, it becomes important to recognize that the court recognised the claim of the college trust over the land. As you have settled with the Arya committee in the past and had a written settlement performed by the court on the unused land, an argument can be made that the earlier settlement would serve as a higher precedence above any claims presented by the college trust. You can file an application challenging the college trust's claim on grounds that they were not parties to your original settlement. Now, you must take into consideration that construction built is based upon a settlement court-approved. Maybe seek legal advice to raise the case properly and protect your interests.

Admin
Advocate By LEAD INDIA Answered: 25 Sep 2023

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