Kindly answer for my total 4 civil questions.thanks
Justin
(Querist) 09 August 2015
This query is : Resolved
Dear all India Civil lawyers,
Hope you are doing good.
I am Justin,male,69 years old.My civil case 2nd appeal is pending in Madurai high court. Regarding land matter.
My lawyer has said that, My civil case hearing is going to happen within 10 days and also my lawyer said that it will be completed my main case within 3 months.
Honorable high court Judge is ready to take my civil case as I am senior citizen,I have following questions on my civil case. Please clarify.
1) This is second appeal civil case, so my opposite party does not come within 3 months- will my case hearing extend till my opposite party comes or his advocate comes???? please advise.
2) Based on final second appeal honorable judge's judgement, will i request honorable judge thru my lawyers to make order clear statement to Goverment register office,police SP(to take action on illigal document creation), survey my land from court.
Should I seek these court order thru my lawyer or I can directly apply to honorable judge. Also, which time i need to approach for honerable Judge/how much time takes if i approach individually.Because of more fees to my lawyer on every order- iam thinking.I dont have financial power to do everything. please advise.
3) when hearing this civil case, If my against party has withdraw the 2nd appeal case, what should i do? or my against party advocate NOT appear on this case on time ,what should i do? Please advise if you have clue on this.
4) If i loose or my against party loose this civil case judgement, do we have possible to go for next appeal in high court itself.? or do we need to go next appeal for only Suprim court?
Answer my 4 questions please. Thanks in advance.
Rajendra K Goyal
(Expert) 09 August 2015
1. May be, however, depend on court.
2. a) depends on relief sought, generally at this stage, law points are decided.
b) Better apply through your lawyer. Mostly decisions are available online.
3. Discuss with your lawyer who has full knowledge of the case file.
4. Appeal would be at next appellate court.
dev kapoor
(Expert) 09 August 2015
Dont try to reach judge individually,this may be taken as influencing the Judge and such a move can adversely affect your case;
All HCs have their roster of fixing cases, you will hv to act upon according to the settled roster.If you still wish to expedite your case,you may file a request motion before the concerned Judge or CJ for early listing your case;
If your adversary withdraws 2nd appeal or it is dismissed by HC,you can file execution petition before concerned court;
Depend upon the advice of yur advocate please.
Best wishes!
Dr J C Vashista
(Expert) 09 August 2015
1. Yes the respondent shall be given an opportunity to be present personally or through his lawyer.
2.It is the duty of judge to write clear judgment, no need to approach through your lawyer, however, do not address the court until specifically asked by court.
3. Emphasize for execution of decree.
4. Aggrieved party can move High Court in LPA.
Rest of your queries shall be addressed, solved, advised and proceeded by your lawyer, consult him.
Best of luck.
Justin
(Querist) 10 August 2015
Below reply received from Expert Mr. DR.JC Vashista and please elaborate more on this as did not clear the point.
((( 2.It is the duty of judge to write clear judgment, no need to approach through your lawyer, however, do not address the court until specifically asked by court.)))
Justin
(Querist) 10 August 2015
Thanks experts for your valuable comments.
I can not forget your all suggestion in my life long.
I am asking this clarification why because, sub court Judgement said was my opposite party prepared WILL document illegally and same civil case dismissed. after the sub court judgement, when i went to government register office to explain about my opposite party illegal land registration(also I shown sub court judgement) Government registor asking me whether this civil case has been done my name or "the registor" as Partee. the same question is asked by police department to take action and also thasildhar office asking me the same question when i request for survey my land. As my opposite party started 2nd appeal in madurai high court,now i have rectify the issues when I am hearing this case................. If any expert understand my real situation/requirements, kindly guide me in a proper channel. Yes, off course my lawyer can help out but I need india civil lawyer expert their general thoughts also.
Justin
(Querist) 11 August 2015
Any comments please?
T. Kalaiselvan, Advocate
(Expert) 15 August 2015
@Mr. Justin, prima facie it appears that your advocate has not taken up your case properly as per the actual reliefs you were required to get. In fact the appeal is fled by the plaintiff who lost his case in the lower court which is regarding the fabricated Will document. So it is clear that you did not approach the court seeking relief, it was a case against you which was contested by you. Therefore where is your case for the desired relief?
If you were aggrieved by the wrong registration done by the registrar in respect of your property or the tahsildar has given patta which is objectionable, have you taken any action to rectify the error, did you file a suit to cancel the illegal registered transaction or the so called mutation issue alleged to have been done by the Tahsildar against your interest?
Without initiating any legal action so far how do you think the high court in the appeal will grant you the relief which you are questioning here?
That is why it is always told by the experts here to consult your own lawyer and discuss all the issues at length and be clear in what you want. In the name of avoiding expenses if you keep quite without asking your lawyer about the steps for the reliefs desired, you will be the loser and not your lawyer.
