Clubbing of crp & wp
Querist :
Anonymous
(Querist) 02 September 2011
This query is : Resolved
We have filed a W.P in the high court for demolition of an unauthorized and illegal consruction being made by one of the flat owners in the common area of our flats, and the Muncipal corporation for failing to take action against our complaints.
The said flat owner has filed a W.P aginst the Muncipal Corporation in the high court stating that the Corporation has not followed the procedure of issuing the notice and asking them to demolish the structure.
Both the said W.P have been clubbed and both the pettions are pending in the high court.
Meanwhile, the said flat owner filed an I.A against the Muncipal Corporation in the court of Junior Civil Judge and Obtained an Interim Order, which was subseqently expunged.
Aggreieved, they approached the Add. Chief Judge and obtined a status quo in a C.M.A, which was latter dissmissed.
Again the said flat owner approached the high court in a C.R.P and again obtained a interim order.
As we are not the party to the I.A & the C.M.A. our lawyers say that we cannot implead in the case, and when we asked them to get the W.P and C.R.P to be clubbed, they say it cannot be done as the plea of the said flat owner is different in the C.R.P.
Our plea is as the occurence of the I.A, the C.M.A and the C.R.P has been filed due to our original W.P filed in the PHigh Court.
Are there any cases where the C.R.P and the W.P are clubbed even though we are not a party to the C.R.P. If so, can you please give it so that I can give the information to our lawyer.
Devajyoti Barman
(Expert) 02 September 2011
You MAY try for analogous hearing of both the cases in the High Court though however SINCE the later case came to the high court in its revisional jurisdiction I do not see much chances of its clubbing .
Querist :
Anonymous
(Querist) 03 September 2011
Is it possible to file a separate writ against the interim stay given in a c.r.p.
Querist :
Anonymous
(Querist) 04 September 2011
Sir, I once again request the experts to advice whether I can file a separate W.P in the high court against the C.R.P giving interim stay.
I am not properly guided by my counsel.
girish shringi
(Expert) 06 September 2011
You can.
Sometimes it is the discrationery power of the seating judge to entertain the same or dismiss on the ground,that you are not the interested party.
Querist :
Anonymous
(Querist) 10 September 2011
can i file a separate writ before the chief justice asking to get us implead in the c.r.p.
