Declaration of self acquired property.

shobha (Querist) 21 October 2017 This query is : Resolved
Sir,
My husband has filed a suite for declaration of his self acquired property at his native. The said property is occupied by brother in law who is disputing and claiming for share. In the primary court judgment was given as the case is partly disposed and declared my husband as sole owner of the owner of property in 2013 April. As against this my brother in law has gone for an appeal before next higher court and the case is pending there since from 2013. His advocate is simply taking time before the court and pulling the case. He is not completing his arguments since from 4 years. How long the appeal case can take for finalization. Is there any time limit for completion.

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Vijay Raj Mahajan (Expert) 21 October 2017
No time limit can be assigned for appeal matters, it all depends on number of cases of same categories pending and since which time/years in a particular appellant court.

SHIRISH PAWAR, 7738990900 (Expert) 21 October 2017
You can ask your advocate to take objection for unnecessary adjournments and ask court to hear the arguments. In my opinion 4 years is huge time if appeal is pending before District court.

Rajendra K Goyal (Expert) 21 October 2017
Agree with the expert Vijay Raj Mahajan.

Guest (Expert) 21 October 2017
Myself facing similar situation, All cases where opp. sides losing is guaranteed they use tactics of delaying final argument with one or other pretext. Even if Final argument start they opt for some tact to delay it further. I object generally for Adjournment applications but whether there is any procedure apart from it ?

Judges who understand what opp. side is doing some time write adjournment for order or similar remark but what is alternate process for it.

Ms.Usha Kapoor (Expert) 23 October 2017
Right speedy trial is one of the fundamental rights of Indian constitution. You can move an application in court requesting the court for early hearing of the case as delay defeats equity.while bringing the dilatory tactics of the opposite side to the notice of court.You can make an oral mention also before the appellate court for early hearing of the case which the court may consider.

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Ms.Usha Kapoor (Expert) 23 October 2017
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Dr J C Vashista (Expert) 23 October 2017
I endorse the opinion and advise of expert Mr. Shirish Pawar.
Consult your lawyer and move to High Court for issuance of a writ of mandamus to appellate court for time bound completion of case and delivery of judgment.
Meanwhile the appellate court must be appraised through your lawyer for imposition of cost on the respondent for his misconduct and/or deliver the judgment on the basis of records/documents on file.

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