Lawfully yours: By Retd Justice K Chandru

Mediation a prerequisite in civil litigations nowadays

My father had borrowed money by mortgaging the property, and the deed of mortgage was registered with the SRO. Within the stipulated period, as mentioned in the deed, my father repaid the amount and got the original mortgage deed from the mortgagee (individual) but failed to cancel the mortgage deed, executed 25 to 30 years ago. Now, with my father no more, my mother and I went to the mortgagee requesting to cancel the deed, but the latter was insisting that he would do so only after consulting the lawyer. He then asked for my father’s death certificate, legal heir certificate, brother’s death certificate and NOC, along with the self-attested Aadhaar card for the purpose, but is yet to act on my request. My mother is aged, and I am a single mother of two kids and a working woman. An advocate whom I consulted recommended that I proceed smoothly with the mortgagee and not move legally. Please advise me on how to proceed. — Name withheld on request

You can initiate a mediation proceeding before a trained mediator. It is a pre-requisite for filing a suit nowadays. Sometimes the other side may agree to have a compromise on the matter. If you fail in that, you can file a suit before the appropriate civil court for declaring that the mortgage does not subsist anymore and the mortgage deed does not survive.

One can send pre-contempt notice to govt for disregarding SC order

In most service cases where the Supreme Court decides once and for all, it becomes a law and binding precedent. Even after the judgment in rem — executives commit the same blunder by way of back-door appointment — throwing to wind the decrees of the apex court. However, they may not be the parties in that particular case. Is the judgment not binding on them simply because they were not parties in the case? Can I file a contempt of court against the officials who have deliberately disobeyed and violated the judgment in rem? Should I give them prior notice — quoting the applicable judgment violated by them — before filing a contempt petition in the Supreme Court? — Scindia, Bharath Nagar, Madipakkam

Every authority must obey the decision of the Supreme Court. Every decision of the Supreme Court is binding on all. You can send a pre-contempt notice to the government either in person or through a lawyer and file a contempt petition, also, before the court.