Guidance to file wp in the high court
shaik khaja moinuddin
(Querist) 12 February 2017
This query is : Resolved
Dear Sir /Madam
Greetings of the day!
I am from a Muslim family. My mother gifted - oral gift (Hiba) the residential property to me on 1st May 2008 in presence of witnesses. I have two more brothers, one is elder than me and the other is younger than me. As such there is no dispute from both my brothers over the gifted property to me. The property was handed over physical possession to me and since then the property is in my physical possession and enjoyment.
The property was gifted to me out of sheer love and affection which my parents have with me without expecting any kind of remuneration from me. As my both brothers left the home ,in pursuance of their educational careers and I was only the son looking after affairs of my parents and their well being. The property which was gifted by my mother is owned by my mother alone.
It seems, later in the year 2010; a third party entered into sale agreement over the same property by advancing an amount of Rs 1,00,000/ - (one Lakh rupees only ) with my mother and the total consideration towards such property was Rs 10,00,000/-( Ten Lakh rupees only). Neither there was information to me about the agreement of sale nor was my consent there in any form to accept / enter into agreement over the sale of the gifted property by my mother.
The agreement states that a sum of Rs1,00,000/- was advanced to my mother as token of advance and the remaining Rs9,00,000/- would be handed over to my mother at the time of registration of the said property. Further, if due to any reason the agreement is not honoured, it seems my mother may have to pay the double the amount of advance, i.e. Rs 2, 00,000/- for dishonoring the agreement.
In the year 2011, the third party approached the Court and deposited remaining Rs 9,00,000/-(nine lakh rupees) with the court and took an ex-parte decision against my mother without making me as a party to that suit. With an intentoto knock away the property. All these events took place without my knowledge
After passing such ex-parte decree against my mother, I came to know about the orders passed by the court in Aug 2015 and I started to contest by filing set aside petition to the ex-parte order granted against my mother and further I filed another implead petition by filing affidavit disclosing about my mother gifting the suit property. The Hon’ble court allowed my implead petition.
In the present situation, myself being the impleaded party, can I file a writ petition before the Hon’ble High court seeking a direction to the present trial court to dispose the present matter with in a time frame.
Your valuable guidance is deeply awaited and appreciated I remain thankful for valuable guidance. Kindly express your valuable guidance.
With regards,
-Moinuddin
R.K Nanda
(Expert) 13 February 2017
no , u cannot file writ petition in high court as it is the last remedy. better try to get ur case decided fast in trial court.
rajeev sharma
(Expert) 13 February 2017
On the basis of facts stated above you can not file a writ. The high court in your case is the court of appeal. High Court may not entertain a suit directly in its civil jurisdiction.( Generally )
If you think that civil court entrusted with the case is taking unreasonably long time in the matter then you may file a writ under Art 227 before High Court seeking praying a direction to civil court to decide the matter in a fixed time frame.
