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imthiyaz (employee)     24 February 2009

Pending Interlocutary Application

  We filed an Interlocutary Application to strike out some LR's of plaintiff who are wrongly brought on record while filing petition for final decree proceedings , as they are not entitle for share as per Mohameddan law.

Finalal decree proceedings   is pending we filed an IA in January 2008, but still our IA is not considered in the court even our lawyers insisted to dipose of our IA but still it is been ignored, The response to our Inter locutary application  has been kept in record the day before the case date in june 2008 clandestinely and an entry has been made by the clerk in the order sheet , A copy of the reply is yet to be served to us,  Just 2 weeks back when we apllied for copies we have filed these days it came to our knowledge that an response to our Interlocutary application has been kept in record without serving a copy to us.

   We are very frustrated as the court is not disposing of our Interlocutary appliaction and instead delaying it ..

 How to over come this problem..Can this lower court be bypassed with out taking any order,

 What are the ways out of tackling this problem.. Please suggest..

 

 



Learning

 5 Replies

Jithendra.H.J (Lawyer)     24 February 2009

advance the case, press the court to pass the orders

PALNITKAR V.V. (Lawyer)     25 February 2009

Make a transfer application. You can atleast get order to expedite the application

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     05 March 2009

I do agree with Mr. Planitkar.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     11 March 2009

Query already answered by our experts.  The query is posted again and again in different forms and with different words, but the issue and author is one.

manu (advocate)     14 March 2009

you can do the following:


file a memo in the court where ia is pending seeking to dispose of the said ia.


inspite of filing memo if court doesnt take any step file a revision in the state high court to call for records from the lower court. also state in ur revision petition that for no reason ia is pending in the lower court and inspite of filing memo to dispose of the same the trial court is non inclined to take any steps.


take the certified copy of order sheet, memo and interlocatory application. attach the same to ur revision petition.


ur problem wil be solved.


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