Limitation for filing the writ petetion in hc
anandakumara
(Querist) 12 July 2012
This query is : Resolved
What is the limitation for filing the WP in High Court?? For the lower court order
R.K Nanda
(Expert) 12 July 2012
You will have to file appeal in high court against the order of lower court and not writ petition and limitation is 60 days
from date of order,
anandakumara
(Querist) 13 July 2012
The CRP was files in Dec 2011 a,d it was dismissed on ground sec 115 regarding maitainability. Now WP is filed.
Is there any limitation for WP???
R.K Nanda
(Expert) 13 July 2012
State full facts.
anandakumara
(Querist) 13 July 2012
Dear Sir,
The Jr Div Court granted the intrim order of TI not to cut and remove the tress exist in in the property, and confirm the same for mortgaged property. Mortgage was executed in 1945 by respondents grandfather, plaint filed the suit. The respondents file MA in Sr Div, then court allow the appeal in 2010 august. The respondents cut and remove the tress even roots after 60days from the date of order.
THe plaint filed the CRP in HC against the MA and same was withdrwn becaiuse of maintainability unsed sec 115 in Dec 2010.
NOw Dec 2011 plaint filed the WP-GM-CPC in HC to chalenge the order passed in MA.
For the above order passed in Augudt 2010 now chalenge in the 2012 and more are less no tress in the property.
How the Writ is matainable and any limitation for the same to file WP???
Devajyoti Barman
(Expert) 13 July 2012
There is no limitation for filing Writ.
However if you use this power to Revise an order of the lower court then judicial practice demands it to be filed within 90 days.
anandakumara
(Querist) 25 July 2012
Any related citation for writ should be filed with in 90 days to modify the lower copurt order: for stay of not to cut and remove the tress.
