Case pending in civil lower court
kaur
(Querist) 06 October 2013
This query is : Resolved
My brothers filed case in lower court civil suit injuction on the basis of false/fake affidavit and court passed status quo. Property inherited from parents and duly registered and mutation done on all legal heirs including me. Since already more than 3 years passed in court and my brothers are intentionally delaying the case. My advocate replies that it can take upto years before the court. Someone had advised me to go to High Court and make writ since the case filed by my brothers are on the basis of false/fake affidavit which I have never signed and moreover any property cannot be transferred on simple affidavits. Please advice me that when the case is pending in lower court does High Court have the power to writ the present case as my brothers are not presenting false documents but also misguiding the courts. Please advice.
ajay sethi
(Expert) 06 October 2013
it has to be proved that false affidavits have been made by your brothers on oath . let trail be completed in lower courts . dont go to HC now
Rajendra K Goyal
(Expert) 06 October 2013
Wait till the trial is complete at lower court.
Sarvesh Kumar Sharma Advocate
(Expert) 07 October 2013
Till the trial not complete don't note to high court it's delay from your side ; however file 340 cr.p.c. For false affidavite
kaur
(Querist) 09 October 2013
First I thank all of you. Further I know that process in lower court will take time as already three years have passed and court had passed status quo. My query is that to prove fastly that the affidavit is false can I approach the HC as my brothers are not only cheating me but also misleading the courts by producing such false and fake affidavit which I have never signed. please advice can I approach HC in the instant case, when the case is already pending in lower court.
Ms.Nirmala P.Rao
(Expert) 10 October 2013
You can file a Civil Miscellaneous Appeal in High Court to speed up the trial against the interim orders of status quo passed by the trial court on the grounds stated by you.
kaur
(Querist) 16 December 2013
I have spoken with my advocate that to speed up trial as advised by Ms Nirmala P. Rao that High Court can given direction to lower court for speed up of case. Moreover the case is filed by my brother on the basis of false / fake affidavit and also misleading the court. But my advocate replies that High Court will not entertain your case. Please advice.
