How to put hold in cases pending in lower court
Krish
(Querist) 11 June 2012
This query is : Resolved
We have a lawsuit pending for many years, we have both civil and criminal cases pending in lower courts related to cases pending in high court. The high court appeal and criminal application is pending. The lower courts have hearings in both civil,and criminal every so often but do ot go anywhere because the opposing party always says the case is pending at high court and so cannot go further until high court decision is taken. We, in the mean time are having lawyers go every month to these rurals courts with no productive efforts made to move anything forward, We are wasting time and money every time this happens with no results.
We therefore would like to find out how to place the lower court cases on semi- permanent hold until the high court decision is taken whereby our lawyers do not have to make bi-weekly trips to district court and waste our money and their time. Please how can we inform the lower courts to place on hold hearings until further notice. What is the legal procedure for something like this?
Thank you for providing clear answers.
adv. rajeev ( rajoo )
(Expert) 12 June 2012
File an application in the high court pending csse to stay the proceedings of the lower court.
Kiran Kumar
(Expert) 12 June 2012
file an application for stay of further proceedings.
the said application is required to be filed before Hon'ble HC in pending Appeals and Petitions.
Adv.R.P.Chugh
(Expert) 12 June 2012
Yes, rightly advised by Ld.Kiran, just because a case is pending in appellate court won't by itself operate as stay in distt. court and such proceedings would be stayed when the higher court directs.
Shonee Kapoor
(Expert) 19 June 2012
I endorse the opinion, that unless the stay is granted by the Higher Court, the cases in the trial court can proceed.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
