Death of appellant and respondent in appeal before supreme court
Vyas Desai
(Querist) 22 February 2014
This query is : Resolved
The High Court declared a sale of land by my uncle as null and void in December 2008. My uncle approached to Supreme Court in January 2009. As we had not filed caveat the matter was admitted without out notice and stay granted. We have filed statement of objections. As only 2 properties were under dispute the stay on other properties were vacated after we filed application in March 2013.The matter is of 2009 before Supreme Court and OS is of year 1999. Our case has been heard by Supreme Court only once. Can I know how much time it usually takes for a matter to be heard before Supreme Court? Also the appellant in Supreme Court has died a year back and his legal heirs have not come on record after 1 year and respondent 4 also has died about 6 months back. Is there any time limit for coming on record? They are not filing LR application because it will lead to early disposal. What can be done?
P. Venu
(Expert) 22 February 2014
The Appellant can move LR application for the respondent as well.
Raj Kumar Makkad
(Expert) 22 February 2014
There shall not be any effect over the death of the concerned parties as they can be got represented by their legal heirs on moving specific applications thereto.
Nothing can be commented about the time limit.
Rajendra K Goyal
(Expert) 22 February 2014
Well advised by the expert raj kumar makkad ji. In Supreme Court there are huge burden of pending cases.
T. Kalaiselvan, Advocate
(Expert) 22 February 2014
time specification in supreme court cannot be guessed due to heavily piled up pending cases. Since the appellant has died, the respondent can move a petition to this effect.
BAALASUBRAMANNYAMM
(Expert) 22 February 2014
The experts have suitably replied and that nothing to be added.
Dr J C Vashista
(Expert) 23 February 2014
1. It is very difficult to advise on the subject of "time" to be consumed in deciding the case by any of the Court(s) in India since it involves a number of factors, inncluding huge pendency, which is further accumulating.
2. I fully agree with the experts, LRs of deceased shall substitute for the deceased, move appllication accordingly.
