By: Team Kanoonirai
Advice in Civil Law Cases

Reading Progress:

How to expedite the delay proceeding by High Court

by | 14 Mar, 2020 | Civil Law Cases

Home | Advice | Civil Law Cases | How to expedite the delay proceeding by High Court

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.

Other advice you might like

Recitation of azaan may be an integral part of Islam

The right to recite Azan though sound-amplifying devices are not protected under Article 25 since it is not an integral part of Islam. The microphone is a gift of technological age; its adverse effect is well felt all over the world. Use of loudspeakers otherwise in accordance with law affects fundamental rights of the citizens under Article 19 (1)(a) of the Constitution of India.

Section 34: Specific Relief Act 1963

Section 34: Discretion of court as to declaration of status or right Any person entitled to any legal character, or to any right as to any property, may institute a suit against any person denying or interested to deny, his title to such character or right, and the...

Office

Spring Greens Apartment
Ayodhya Road
Lucknow

Contact

mail[at]kanoonirai.com
+91-91400-4[nine][six]54