Order of District Court
suhas digambar kharadkar
(Querist) 20 July 2010
This query is : Resolved
As stated earlier we have filed a regular civil suit against our relatives for a partition and share in a ancestral property and injunction uptill the suit is heard. Since the ralatives have entered into a developement agreement with a builder the builder is one of the defendentin the suit . The court has passed a status quo order to our relatives. The status was passed in Dec 08.
Now since the status quo order is passed and the application for injunction ( NIshani 5 ) is being heared . The builder can not do anything to the property . Now the builder has filed a special civil suit against us to pay the heavy damages and application for attachment of our property since he is incurring heavy losses due to status quo order. We have applied in the district court under rule 24 of cpc to transfer the suits in one court. The district ordered the transfer of both the suits in one court with a instruction to hear the suits and said that both the application for injunction and application for attachment of property be heard in a 6 weeks time?
It is surprising how a time limit can be framed by the dist court.Is there any way out . Can we appeal in high court against this order. ? Or should we wait for the decision of the court on the injunction and application for attachment and then appeal in high court if the oredr goes against us? Your exert decision is required
s.subramanian
(Expert) 20 July 2010
the dt court has powers to fix time limit for the disposal of the matters.it is perfectly legal. you cannot file any appeal againstthis order in high court. even if younfile it will be dismissed at the stage of admission itself. please concentrate on the merits of your claim and succeed on the basis of the same. if you fail in this,it is open to you to file further appeal against the order likely to be passed by the court. do not worry at all.
S. Bharath
(Expert) 20 July 2010
I agree with Mr. Subramaniam and advise against tendencies to delay the progress of cases rather than fighting on merits.
barun deka
(Expert) 21 July 2010
well i see no harm if both the applications are disposed off within 6 weeks, it is in fact good for you.....
As regards the application of attachment, it appears to be an application under S.146 of CrPC... many a times it is seen that such criminal applications relating to land disputes are usually dropped in view of pending civil suits regarding the same land.... so you may well press with such a prayer.
