appeal in Apex Court
Nirmal Joseph
(Querist) 14 July 2010
This query is : Resolved
Hallo friends,
A person wrongfully constructed a four storied building on my boundary wall against the municipality approved plan. I lodged a writ of mandamus in the high court to direct the municipality to demolish the violated portion. In the writ I included the offender as the second respondent. The writ was filed during June 2006.
Subsequently 3 months later, during September 2006 the second respondent in the writ (the offender) filed a false demarcation suit against me saying that the boundary was not demarcated properly between my property and his.
Then on November 18, 2006 in his Counter Affidavit in the writ he referred to the existence of the above said false suit and wrongfully convinced the court that if the boundary is demarcated there would not be any violation of building rules.
Taking this into account the court ordered to seek the remedy in the pending false civil suit lodged against me by the offender.
I preferred a writ appeal; and that also unfortunately confirmed the order in writ petition.
So I was forced to seek the remedy in the civil suit filed against me. In the mean time the civil suit has crossed the stage of framing the issues. My lawyer, stating the orders of the WP and WA presented a delay condonation petition. The Judge passed an order in favor of me to accept my petition. But the opposite party preferred a Revision Petition and got the order against me.
As a result, now I am not permitted to seek remedy even in the civil suit lodged against me. The verdict of the Revision Petition was pronounced on 07.07.2010. I have the following questions:
1. Can I go for appeal in the Apex Court against the order of High Court in WA? In such case is it enough to show the reason of obeying the order in WP and WA as the reason in delay condonation petition?
2. Or do I have to go for appeal in the Apex Court against the order in Revision Petition (CRP). If so within how many days from the order?
3. Or can I go for both?
I would be much thankful if someone in the forum could guide me in this regard.
Thanks in advance!
Devajyoti Barman
(Expert) 14 July 2010
In the present circumstances I find filing SLP in the supreme court against the order passed in the revision out of the order passed in civil suit is the best option. It is right that the writ court does not look into the disputed question of fact especially when those are pending for disposal before the civil court.
We regularly face this type of situations in writ matters.
Nirmal Joseph
(Querist) 19 July 2010
Whether certificate of fitness is required for SLP?
If required what are the procedures?
Thanks!
DEFENSE ADVOCATE.-firmaction@g
(Expert) 15 July 2010
