Small query
Gilbat
(Querist) 30 December 2014
This query is : Resolved
Dear experts,
My land civil case is still pending from past 5 years in madurai high court. I am 70 years old. when ever i ask my advocate, they are saying will take few more months... I need my final case hearning as soon as possible becasue my health condition is bad. Please advise.
Gilbat
(Querist) 30 December 2014
My son is working in private concern in madurai,he is 30 years old, is there any way to transfer this case on my son name? due to my regular health issue i am worrying lot...
Devajyoti Barman
(Expert) 30 December 2014
The cases i high court lingers most of the time due to lack of proper and timely follow up of advocates.
Change your lawyer and engage another one to speed up the hearing.
You can execute POA in favour of your son so he will look after the case from now on.
Dr J C Vashista
(Expert) 31 December 2014
Move a writ petition before the High Court under Article 227 of the Constitution of India for issuance of necessary direction to dispose of the case in a time bound (expedious) manner.
malipeddi jaggarao
(Expert) 31 December 2014
civil case pending for 5 years is not too long. Find out the real reasons from your present advocate. If you feel that your present advocate is seeking dates unnecessarily, you can think of change of advocate after obtaining NOC from the present one. But do not expect that miracles do happen by changing the advocate. You can give POA to your son to attend on your behalf. When the matter goes to court, it takes its own time and it is not in anybody's hands in many cases. The best solution is strike a compromise and withdraw the case if the compromise is beneficial to you at least to some extent instead of waiting for the outcome of the case.
ajay sethi
(Expert) 31 December 2014
you can execute POA in favour of your son . you can also move HC for expediting final hearing of case as you are a senior citizen
Gilbat
(Querist) 31 December 2014
Thanks Experts,more helpful
Gilbat
(Querist) 31 December 2014
If i change my civil case on my son name, what is the procedure? do i need to pay to high court or my advocate.?
V R SHROFF
(Expert) 31 December 2014
execute POA in fvr of ur son
Gilbat
(Querist) 31 December 2014
Dear Ajay Sethi,
As you advised,I can request High court for hearing as I am senior citizen.. to whom i need to meet regarding this matter in high court? any idea how many days/months takes time for this?
also, where we can see details of highly knowledge Advocate in madurai district. Becasue i have planned to change my advocate.(atleast some improvement of hearning i can see on my case)
Sailesh Kumar Shah
(Expert) 01 January 2015
name change (i.e. your son name) in case, can not be done on wish of your.
No one can predict time for final judgment of the case.
search lci database to find advocate in madurai district.
T. Kalaiselvan, Advocate
(Expert) 01 January 2015
You can execute a special POA deed in favor of your son to conduct the case on your behalf by filing a petition, contact your advocate he will do it for you. The so called delay of 5 years is a common sight and there is nothing suspicious about it.
Gilbat
(Querist) 02 January 2015
lci database - can we check online? if yes, link please
Biswanath Roy
(Expert) 03 January 2015
You can submit a prayer petition before The Hon'ble Chief Justice of Madurai High Court affixing a court fee stamp of Rs.100/- on it and assuring further payment of court fee stamp if required and can highlight your grievances in the following manner namely,-
1. That you are an old man of 70 years and filed a Civil case ( mention cause title & case no.) which is pending for last 5 years
2. That you are suffering from various kinds of old age ailments ( annex xerox copy of a medical certificate )and you are on the verge of your life.
3. That unless your pending case is taken up first for hearing giving top priority for its disposal you may not be alive to see the final order and judgement of the case which will frustrate the object and purpose of filing the case also.
This application is to be sent To the Hon'ble Chief Justice of Madurai High Court through The Registrar of the High Court and to be send under a REGISTERED cover.
Hon'ble Chief Justice of the High Court can give you special concession for early hearing of your case for early disposal as he is the HEAD OF ADMINISTRATION OF THE HIGH COURT.
Sailesh Kumar Shah
(Expert) 04 January 2015
link of lci database:-
http://www.lawyersclubindia.com/lawyers_search/default.asp#.VKlOWyuUfy0
Gilbat
(Querist) 04 January 2015
Thanks Mr.Biswanath Roy,my civil case is in madurai high court, if i send Prayer petition today, will i get reply within 3 months from high court? Becasue As per your advise, i am planning to do grievances on my own as my advocate take more time for this. Now i am in bangalore staying my daughter house due to heart health issue. is there any possibility to do from bangalore with help of any advocate here? i have case number with all necessary documents... I am not expecting my civil case should complete within 1 month or one week. but i need to see some improvement on this case. I am worrying lot - I could not find out strong civil lawyer with reasonal fees for my case in madurai high court.. i really like you all for your strong comments, but you can not take my case as you are in different state in india.
Biswanath Roy
(Expert) 05 January 2015
You won't get any reply from High Court but you can notice immediate action rather a sure shot. You can send your petition from Bangalore under postal Registered cover but not with A/D. You need not any help from any Advocate you shall have to write it using your own language , like this,-
My Lord,
May I venture to submit this humble application of mine with the hope that my hard case may be considered and relief accorded.
In short my case is that as a Plaintiff I filed a civil case being its no. .......which is pending in the court of Hon'ble Mr. Justice ..................for last 5 years and is not appearing on the Board for hearing.
( Set out 1,2,3, of my post)
In the circumstances I pray to your Lordship for an appropriate order for early disposal of my said case giving top priority for which I SHALL EVER REMAIN GRATEFUL TO YOU.
I humbly state that if I committed any wrong by writing this personal request to your Lordship then I further request your Lordship to condone my such conduct considering my age and being a victim of the situation.
Although I am a resident of West Bengal but I am roaming all over India very frequently to conduct my cases but I agree as a Senior most Advocate my movement is bit costly.
Gilbat
(Querist) 05 January 2015
I am really happy to see your reply,this is more helpful to do, thank you so much Mr.Biswanath roy. Also, thanks to all experts..
Biswanath Roy
(Expert) 05 January 2015
Welcome your appreciation.
Guest
(Expert) 05 January 2015
Well advised.
ajay sethi
(Expert) 05 January 2015
thanks for your appreciation
