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Kumar (Software Engineer)     06 June 2024

Regarding delay in removing defects

Dear Sir/Madam,

We are respondants in a civil case,

All the concurrent courts has given judgement in our favor ( trial court, lower court and high court ) in karnataka. 

Petetioners know that  supreme court wont allow their SLP and their advocate on record has filed  a bare shell SLP with a dairy number and never removed the defects even after many days. He has not even paid the court fee.Petetioners advocate has challenged that he drags the case in supreme court for many years. petetioners intention is to make us suffer.

In this case how many days should we have to wait  to get SLP number and to get listed. We have filed Cavet as soon as we got orders in highcourt and also renewed it second time. 

even though we got justice after 15years in high court we could not sell our land and use it for our needs.

is there any way to inform the registry about this and make the process fast to allot SLP number so that it moves to the bench for orders.

Thanks and regards,

 



Learning

 6 Replies

T. Kalaiselvan, Advocate (Advocate)     06 June 2024

Since you have not approached supreme court, you should not take any steps to allot SLP number neither it is your botheration to conduct the SLP.

If the SLP has not yet been numbered then there is no restriction for selling the property, you can proceed with proposed sale of property.

 

Dr. J C Vashista (Advocate )     07 June 2024

How the respondent(s) of SLP stated to have been filed before Supreme Court are affected when the SLP is yet to be presented before the Court ? it implies that the order / judgment passed by Trial, appellate and High Court sustains and there is NO petition before Supreme Court.

Either you are not aware about the facts of the case or some vital information is missing from this post.

Kumar (Software Engineer)     07 June 2024

Dear sir,

Thank you very much for responding to my query,  

We have browsed supreme court website and found the case status. Dairy number has been assigned already and the defects has been raised but it is never removed. Our council says  the respondent advocate can apply for condonance of delay even after many days and supreme court is very liberal to allow the delay in filing. We could not able to see the progress in supreme court website.  Please let me know why the dairy number is assigned and when SLP number is generated. 

I am wondering how the  anonymous applications with only dairy number residing in supreme court for many years even not comming to notice of the judges.  In this case the judgements of all below courts have no use( buyers are scared to enter into sale agreement after seeing the filed application and  dairy number generated)   Is there any Software to take care of this or still its manual process?

Thank you

T. Kalaiselvan, Advocate (Advocate)     07 June 2024

There are many such cases pending not only before supreme court but also before high courts across the country, with only diary numbers allotted and not being taken up on files.

You were advised to proceed with the sale of property as per the trial and appellate couirt orders in your favor especially when there is no order restricting you from proceeding 

If you keep asking such silly questions you will not not be able to take the road leading you to the desired relief

Dr. J C Vashista (Advocate )     08 June 2024

Allotment of dairy number do not imply registration of a case before any court, it has to be ready for hearing by the Court. 

Accordingly there is no case against you, hence need not coordinate with Supreme Court registry and / or file any appearance as well as application for condonation of delay, as stated to have been advised.

Kumar (Software Engineer)     08 June 2024

Thank you verymuch


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