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Ankur
(Querist) 20 April 2012
This query is : Resolved
Hello,
I am a defendant in civil case. The plaintiff had filed IA. Court granted interim order and blocked my property from using it before hearing and without giving opportunity to hear from my side. It has been 2 years. The hearing was complete six months ago and come for ordering. The judge hasn’t delivered the judgment and continue to postpone. What are my options?
Thanks in advance for your help...
Devajyoti Barman
(Expert) 20 April 2012
The order should not be pending for so long.
Apply to the curt to pass immediately considering the gravity of your case.
If it again defaults to do so then complaint before the Registrar of the High Court.
Ankur
(Querist) 20 April 2012
Dear Mr. Devajyoti,
Thanks for the advise. Could you eloborate little more your suggestion. I am not sure I understood.
Thanks
Devajyoti Barman
(Expert) 20 April 2012
Point out which one you did not understand.
ajay sethi
(Expert) 20 April 2012
judge is required to pass orders within reasonable time . in the present case as no orders have been passed for 6 months have case papers produced before court and request it to pass reasoned order
MohammedRaffiq Bijapur
(Expert) 20 April 2012
Hello ankur,
I understand ur difficulty. However there are some presiding officer who will deliver judgments and orders within reasonable time.
I suggest u to file another application u/sec 151 of CPC for earlier disposal of said application. even then the the officer does not passes order, file writ petition before high court.
making any allegation by filing complaint to registrar general may adversely affect you case. so think and
Ankur
(Querist) 20 April 2012
Thanks Mr. Mohammed. I don't plan to put complaint. However,I wanted to know if I can appeal to higher courts.
Hi Tom, Simply reserved the judgement.
Thanks again
M/s. Y-not legal services
(Expert) 20 April 2012
if you file any more petition in this situation mean its can create some more delay in your case.,
petition., counter statement., enquiry., order.. so no need,
just you file a memo.. stating that your problem by the delay of judgement..
its may be useful.. your counsel have to take necessary steps regarding this., what they are doing..
-tom-
Shonee Kapoor
(Expert) 20 April 2012
I agree with Tom.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Ankur
(Querist) 21 April 2012
Thanks to all for the advice. Appreciate your help and time.
Regards,
J K Agrawal
(Expert) 21 April 2012
Dear Ankur
The stay order is in T I application only and it is only up to final judgment. It doesn't bind the trial Court to proceed to pronounce final award. So don't worry, have a good day.
