Unnecessary delay by issuing stay
Ramkrishna
(Querist) 15 July 2012
This query is : Resolved
IN A CASE RELATING TO ENCRAOCHNG THE SET BACKK AREA OF AN APARTMENT WHERE MR.X'S TITLE DEED DOES NOT SHOW THAT HE HAS RIGHT TO THE PROPERTY AND WHEN SOME OWNERS OBJECTED TO IT AND APPEALED IN THE HIGH COURT, MR.X GOES TO THE CIVIL COURT AND OBTAINS A STAY(WICH WAS LATTER VACATED) THEN MR.X APPROAHES ADDL. CHIEF JUDGE AND AGAIN OBTAINS A STAY (WHICH WAS ALSO VACATED AFTER A YEAR).
THEN HE FILED A CRP IN THE HIGH COURT AGAINST THE JUDGENTS OF TTHE CITY CIVIL COURTS AND OBTAINS STAY. WHICH IS PENDING FOR MORE TTHAN A YEAR.
THE OFFENDER IS ENJOYING THE PROPERTY TO WHICH HE HAS NO TITLE.
CANNOT THE JUDGES WHO ISSUE SUCH STAYS GO THRU THE MATTERIAL GIVEN BY THE RESPONDDENT AN GIVE IMMEDIATE JUDGMENT RATHER THAN PROLONGING TTHE ISSUE YEAR TOGETHER AND WASTING THE VALUABLE TIME OF THE COURTS AND ALSO MAKING THE ORIGINAL PETITIONERS TO SUFFER BY PAYING TO THEIR LAWYERS HEFTY AMOUNTS FOR EACH AND SUNDRY CASES FILED.
THE MAXIM JUSTICE DELAYED IS JUSTICE DENIED IS WELL APPLIED IN THIS CASE WHERE THE PERSON WHO HAS WRONGED IS ENJOYING HIS ILL GOTTEN WEALTH.
AS FAR AS I KNOW WHEN AN APARTMENTT IS REGISTERED TO A PERSON HIS BOUNDARIES ARE FIXED AND HE HAS ACCESS ONLY TO THE COMMON AREA, BEYOND THAT IF HE ENCROACHES HE IS ILLEGALLY ENTERING INTO THE PROPRTY WHICH IS NOT COVERED IN HIS REGISTRAION DEED.
HOW CAN THE JUDGES GIVE STAY FOR DEMOLISHING BY THE CORPORATION FOR YEARS TOGETHER WITHOUT LOOKING INTO THE BASICS OF THE CASE.
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R.K Nanda
(Expert) 16 July 2012
Hypothetical query.
JANAK RAJ VATSA
(Expert) 22 July 2012
It does sometimes appear on the face of it that there is a latent error in the system but the jurisprudence is also inclined to follow ' let many a criminals go scot free but an innocent person should not be punished'
Ramkrishna
(Querist) 22 July 2012
I completley agree with the maxim an innocent person should not be punished, but if there is some kind of system management in the judiciary the delay process can be avoided.
In the same case the party has filed an OS in the city civil court against the muncipal corporation. I applied to implead in the OS and filed an implead petition six months ago, after many adjournments the party who has encroached wanted to put in a counter; even after five adjournments they have not filed a counter and the case is again adjourned. If this is the case we are in a dilema when the case would be taken up and heard.
In the high court there is a CC filed by us in 2010 still pending,our WP is pending and there are two WP's and one CRP filed by the other party pending. I dont know when all these see the day of the light.
