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How to expedite the delay proceeding by High Court

Shivendra Pratap Singh

Advocate

14/03/2020

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After High Court Judgement( 2003 ), I purchased a small plot with Bank loan in Bangalore started construction of the house( 2004 ). The High Court Judge, in his final Order, mentioned that “This dismissal does not stop litigant to prove his title.” Basing on this, again loser (let’s say A ) started the new case in the lower court, now after 15 yrs, I don’t see any end for this.

I am staying in the house without any disturbance, but the case is continuing endlessly. During the initial process of trial, another party (let’s say B ) also involved and we managed to club both cases to cut short of time. Now, ‘A’ again made an application with HC ( 2014 ) saying that clubbing is not correct since, the properties are different, which is not correct.

Now HC put the case into B group and not giving any orders on clubbing and asked the lower court to halt proceedings till then. The litigants are happily passing the time and case hardly comes once in months in all this 6 yrs. Our lawyer says, not to worry, the house is in my possession.

My evidence and cross-examination were over in 2010.

Question

  1. How to take this case forward and close it early?
  2. Can lower court rewrite HC judgement?
  3. Why the HC not bothered about earlier Judgement?
  4. Is it my mistake that I bought a property after High Court Judgement?

Your case has reached an important stage because your evidence and cross-examination have finished. Now the court will appreciate the evidence and statements of the parties. After that, the court will deliver the Judgement as early as possible. Fifteen years is a very long time to accomplice a civil suit. 

The direction of the High Court

You should file a petition before the high court under Article 227 of the Constitution of India for issue a direction to expedite the hearing of the civil suit. The High Court has passed a direction instead of adjudicating your rights. Therefore the Lower court cannot rewrite the Judgement.

You have possession over the property. Therefore, your right is protected. So a direction to expedite the hearing of civil suit will serve your purpose. The cause of action has changed; thus, High Court I will not interfere in the pending civil suit. You have not committed any mistake in purchasing the plot after the Judgement of the High Court. It was your right, and you have exercised it in due course of law.

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate

Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

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