How to speed up the case of partition suit.
Querist :
Anonymous
(Querist) 28 August 2011
This query is : Resolved
Sir, Please Guide, :
Partition Suit filed in the District court one month before.. : First Summon on 25/08/2011, After lot of discussion I engaged the lawyer and Ist Installment paid 5k, but when I go to court : Judge on Leave, the case put on some other date..
I surprise to know that How this court functions, when they send summon mentioning the date, but on that date Judge take's leave, I didn't get any info.. : after visiting the court I came to know that Judge on Leave, Waste of may name, and Lawyer telling me if I don't engage the lawyer, then the case go for Ex-partie : How it is true ?,
Next day District Judge called for the Monthly meeting for the discussion of How to speed up the pending cases..: It is really just as a Eye wash meeting because SC insist to do the same,
Please guide me : Partition suit filed to put me in trouble & because of Suit I am not able to sale my properties, I should not sale the properties that is the intention of the person who file this partition suit.., My Lawyer say It take min. one year to get some way out.. till the time I have to await..
I feel it is totally unfair,
Can I send the Registered Letter to District court Judge about this case and request to consider / suggest speedy trail / end.. :
What kind of action's I can take, : partition suit don't carry any merits.. & even It have merits just 5% share they are eligible to get.. but they are not at all discussed before going to court, and their basic intention is to put me in trouble and not allow me to sale as I wish..
Case in Tamil Nadu.. District court : because the valuation of properties shows more then 25L.
Guest
(Expert) 28 August 2011
YOUR CASE WILL NOT END IN NEAR FUTURE. THE PARTITION SUIT HAS SO MANY PROCESS PRELIMINARY AND FINAL, APPEAL, SECOND APPEAL, SLP AND EXECUTION SO ON. IF AGREE OR DISAGREE YOU GO FOR APPEAL OR THEY. THERE IS NO END TO LITIGATION. NO ONE CONTROLS THE SITUATION. IT IS CO-OPERATION OF COURT, PARTIES, LAWYER. CHOOSE BEST ADVOCATE WHOM YOU KNOW AND THEY WILL GUIDE YOU PROPERLY. [FOR CHILD BIRTH YOU HAVE TO WAIT FOR TEN MONTHS (MAY CHILD ABORT, OR BORN GOOD)]
prabhakar singh
(Expert) 28 August 2011
YES Expert : S.GANESAN.LAWYER is right, a partition suit in practice sees endless legal proceedings for end less time and if one party is intended to delay ,no body can assure how much time it will take,let it be even a top lawyer he is no answer to delay.
if no injunction order is there or if pedigree claiming the share not in dispute try to find a buyer and sale,although you will not get fare market value .
Querist :
Anonymous
(Querist) 28 August 2011
Sir, country just following old un-suitable legal procedures, that is why people loss the faith & Lawyer's just taking the new cases and helpless, Genuine case getting delay, it is also equally considered not getting timely justification consider denial of Justice, people passed away during this period of time, & It is total in-Justice to the system, I think few more "Anna Hazariji" needs to correct this kind of problems.. : Thanks for your guidance.
M/s. Y-not legal services
(Expert) 28 August 2011
Yes. Experts mr.ganesan is correctly advised you.. More over you didn't stated about facts of your case. I mean who is the plaintiff, how they seeking partition for your property. Is there any interim application pending? If yes mean you can file a crp for speedy disposal of your interim application. Except that partition suit is some slow process only. You have to wait.
prabhakar singh
(Expert) 28 August 2011
true you are 'justice delayed justice denied'
but its our fate due to mismanagement of things by legisltures.
M/s. Y-not legal services
(Expert) 28 August 2011
Is it? Mr.anna hazare can show a path only.. He can't guide you till the path end. We, every indians have to walk properly without divert anywhere. IF HE IS OUR HON'BLE PRIME MINISTER ALSO, AS A SINGLE MAN HE CAN'T CREAT A CORRUPTION FREE INDIA.
Raj Kumar Makkad
(Expert) 28 August 2011
I do agree with tom. Anna hazare has performed his role very well and now it is out turn to do something.
