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Civil Law
Civil disputes rarely start in court. They usually begin with a boundary that has shifted, a pathway that has been blocked, an agreement for sale that was never completed, or money that was lent in good faith and never returned. By the time legal advice is sought, documents may be missing and time limits may be running, so the first task is to find out exactly where the client stands.
Adv. K Rajesh Kannan, a High Court of Kerala advocate with over 24 years of practice, advises on civil disputes from the first notice, and takes up civil appeals, revisions and original petitions before the High Court of Kerala. Civil suits before the civil courts in Ernakulam district are also handled through the office. Every matter is checked first for two things that decide much of what follows: the documents that prove the claim, and the period of limitation within which the case must be filed.
Where a dispute can be settled through a lawyer notice, negotiation or mediation, that route is explored, because a civil suit can take years to reach a final decree. Where it cannot, you are advised on the suit and the interim relief the situation needs, such as an injunction to protect property while the case is pending.
Civil matters handled include:
- Partition suits and family property disputes
- Suits for recovery of possession and declaration of title
- Injunctions against trespass, obstruction and boundary encroachment
- Easement and pathway disputes
- Suits for specific performance of agreements for sale
- Money recovery suits
- Execution of decrees
- Civil appeals, revisions and original petitions before the High Court
Questions people often ask
Is there a time limit for filing a civil case?
Yes. The Limitation Act, 1963 fixes the period for each kind of suit. A claim for money due under a contract, for example, must usually be filed within three years, while a suit for possession of land based on title has a longer period. Because the starting point varies with the facts, it is worth taking advice early.
Do I need to send a legal notice before filing a suit?
Not always. A notice is legally required before suing the government or a public officer, under Section 80 of the Code of Civil Procedure. In most private disputes it is optional, but it is usually a sensible first step because it records your claim and gives the other side a chance to settle.
Can a neighbour be stopped from building on disputed land while the case goes on?
The court can grant a temporary injunction if you show a strong prima facie case, that you would suffer serious harm without it, and that the balance of convenience is in your favour. Such applications should be filed promptly, before the construction is complete.
How long does a civil suit take?
It depends on the court, the number of parties and the evidence involved. Many suits take several years. Interim orders, mediation and settlement can protect your position or bring the matter to an end much earlier.
To discuss a dispute, you can book a consultation or call the office on +91 94472 90234.
This page gives general information about the law in Kerala. It is not legal advice on any particular case.
