can a civil court judge postponment final arguments
Querist :
Anonymous
(Querist) 31 January 2011
This query is : Resolved
Sir,
I filed a civil suit in the High Court of AP against an unauthorized construction being done in our apartment complex and the High Court issued a stay against further construction.
But, the party continued further construction and we filed a contempt case against the party and GHMC (for not stopping further construction).
The party applied for regularizastion which was rejected by GHMC, against which the party approached VIth Junior Civil Judge and obtained a stay by concealing the fact that the matter is already in the High Court. The GHMC got the stay vacated.
When the Contempt case came for hearing the party denied that any contempt was made,The GHMC said that they issued notices to them but the party continued to finsih the construction during holidays and nights and in their counter affadavit said that the unauthorized construction would be demolished immediately. This was on 5th July 2010.
immedieately the party approached the IIIrd Addl. Chief Judge, City civil Courts and obtained a Status Quo against the decesion of the VIth Junior Civil Judges decesion to vacate the stay.
on 31st January 2011 the case came up for final arguments but the Judge postponed it to 18th Feb 2011.
My question is, The decesion of the party going to the lower court for relief when the issue is in the High Court attracts contempt in the High Court.
Can the Addl. Cheif Judge postpone the final arguments date for which he called for even when the GHMC advocate told that he is ready for final arguments.
If so, how many times can the Addl. Chief Judge postpone the arguments.
thankyou
Devajyoti Barman
(Expert) 31 January 2011
The date for argument may be adjourned for multifarious reasons, one being the paucity of time. So what was the reason to pospond the hearing nees to be known which is though by no means an unusual thing for the court to do. The surprising thing is how the lower court could be in seisin of the same matter which is already pending for disposal before the High Court.
Querist :
Anonymous
(Querist) 31 January 2011
Sir,
let me thank you first for answering my query. The party has hid the fact that the matter is pending in the High Court.
Guest
(Expert) 01 February 2011
Nothing can behold a Civil Court Judge to postpone final hearing.
If one party conceals the fact from a court of law, the other party is not expected to remain silent. Rather, the offending party can also face punishment for hiding the fact from the court of law, besides for the contempt of court.
If the party has made a contempt of court, he would not get spared after the judge sees the merit of the case.
