Filed a speedy trail petition for the partition suit
Rahul
(Querist) 10 January 2018
This query is : Resolved
My father has owned a undivided property of 4Acres in the city among 4 peoples. My father was passed away on 2008, Now I have decided to divide the 4 acre property (one fourth of the share to me & my mother). For that I have filed a partition suit against my uncles (three of them) in may 2017. Also now i have filed a petition to speed the trail.
So when I can expect the verdict for the partition suit and have my share ?
Is there any way to speed up the case and make it to get the verdict as soon as possible ?
Ms.Usha Kapoor
(Expert) 11 January 2018
Right to speedy trial is a fundamental Right in Indian constitution. You can file a petition to speed up the trial or orally mention to speed of the hearing in this case.
Speedy trial is a fundamental right implicit in the guarantee of life and personal liberty enshrined in Article 21 of the Constitution and any accused who is denied this right of speedy trial is entitled to approach Supreme Court under Article 32 for the purpose of enforcing such right. and this Court in discharge of its constitutional obligation has the power to give necessary directions to the State Governments and other appropriate authorities for securing this right to the accused.
N.K.Assumi
(Expert) 11 January 2018
Agree with the expert Usha. For partition suit you have spend 10 years now. It is a fit case to file writ of Mandamus in the High Court to direct the trial court for disposal of the partition suit within a reasonable time frame.
J K Agrawal
(Expert) 11 January 2018
Respected experts.
I highly dis agree the opinion.
There is no provision of speedy disposal of civil cases. The law is there but it is in books only and not practicable. The suit has filed in May 2017 and not 10 year back. If this case is most imp case in court?
If you want speedy trial do following.
Keep dates handy.
Meet to your lawyer around 15 days before the date and confirm that there is nothing pending on your part.
Visit one day before the case date to your counsel and remind him that your case is complete for next day job.
Visit to court with your counsel and keep tight watch of your case.
Keep in confidence and in touch the Munshi or the assistant of you lawyer who actually deal your file.
Personally visit inside court room when case is called for hearing.
Put question to your counsel that why he consented adjournment and why he did not raise objection for negligence and delay of others.
Do not afraid of your counsel, He charged money.
After date, coordinate your counsel for any work pending till next date. Complete it.
Keep Patient as the courts has so many other important cases and they are also in hurry and in trouble, more than you.
P. Venu
(Expert) 12 January 2018
If your father has been the owner, how come your uncles have a share? Or is it that the land belonged to their parents?
Moreover, if it had been the common property of your father and his siblings, how you can unilaterally decide any issue as to partition? Moreover, are you the only child?
In a partition suit , the quick disposal is possible if the matter is referred to mediation and the parties work out a amicable settlement.
