Postponing the judgment by the trial court
Balaji Bakthavathsal
(Querist) 20 November 2018
This query is : Resolved
Dear Learned Lawyers,
In a false and fictitious civil suit filed by the plaintiff seeking partition of a property on which the plaintiff has no hold at all, the trial court, after the conclusion of the evidences of the suit, the judgment date was marked as 18.07.2018. However, the judgement was not delivered as the plaintiff side wanted to present their side argument which was closed after grating sufficient time (11 adjournements and almost 3 months time). The IA petition was allowed and after that the case was posted for judgment on 26.09.2018 for the second time. And this time, the plaintiff came forward to reopen the case again to present a vexatious document as evidence and it was too allowed. After that process, the suit was announced for judgment for the third time on 30.10.2018 and on that day the judgment was postponed for the reasons that the judgment is not ready and the judge is busy with some other case as per the direction of the Hon’ble High Court. The judgment again postponed to 13.11.2018 for the fourth time stating that the judgment is not ready. Again on 13.11.2018, the judgment was postponed to 19.11.2018 for the fifth time stating that it needed some clarification. On 19.11.2018, again the judgment postponed to 23.11.2018 for the sixth time, this time stating counselling as the reasons which is not clear.
Can you please learned lawyers, elucidate the situation and advice me further course of action to be taken ?
Thanks & Regards
Dr J C Vashista
(Expert) 21 November 2018
Move to High Court under Article 227 of the Constitution seeking necessary mandate to the Trail Court .