Pending IA not heard
imthiyaz
(Querist) 24 February 2009
This query is : Resolved
We have filed an Interlocutory Application to strike out some LR's of plaintiff who are wrongly brought on record while filing petition for final decree proceedings , as they are not entitle for share as per Mohameddan law.
Final decree proceedings is still pending,
we filed an Interlocutory application in January 2008 to strike out some of the Lr's who are not entitle for share, but still our IA is not considered in the court, even our lawyers insisted to dipose of our IA but still it is been ignored,
The response to our Interlocutory application has been kept in record the day before the case date in june 2008 clandestinely by the opposite parties and an entry has been made by the clerk in the order sheet without serving copy to us, , Just 2 weeks back when we applied for copies we have filed all these days it came to our knowledge that an response to our Interlocutory application has been kept in record without serving a copy to us.
We are very frustrated as the court is not disposing of our Interlocutory application and instead delaying it ..
How to over come this problem..Can this lower court be bypassed with out taking any order,
What are the ways out of tackling this problem.. Please suggest..
PALNITKAR V.V.
(Expert) 24 February 2009
Make a transfer application to the higher court.
Tribhuwan Pandey
(Expert) 24 February 2009
You may file a writ petition under Article 227 of the Constitution of India before the High Court for an expedite of the IA.
AEJAZ AHMED
(Expert) 25 February 2009
MR TRIBHUWAN JI,
If am not incorrect, its a " Civil Revision Petition (CRP) U/A. 227 R/W Sec. 151 of CPC " if we file before the High Court.
As per me, here imtiyaz's query is not clear on some point.
(a) He just saying that 'Final Decree Proceeding is still pending'.
*****But, not informed, whether any due Next Date of Adjournment is there ?
(b) He is further saying that, ' Just 2 weeks back when we applied for copies we have filed all these days it came to our knowledge that an response to our Interlocutory application has been kept in record without serving a copy to us.'
****Whether his Lawyer informed this fact of filing of Response/'Counter Affidavit' by the Respondents in their I.A to the Concerned Judge ?
So, as per me:
FIRST:-
If the said fact of filing of 'Counter' by otherside not in the knowledge of the Judge and if there is any due Next Date of Adjournment in near days, his Lawyer can inform the said fact of filing of 'Counter' and on the same day, if concerned Judge ready he can submit his Argument in the I.A in question as himself is the petition/applicant and ask the magistrate to direct the otherside counsel also submit their argument, or otherwise if he is not ready ask the judge to impose some conditions on otherside.
SECOND:-
If in this case, if there is no 'Next Date of Adjournment', just " Reserved/posted for Final Decree", then Lawyer of Mr. Imtiyaz can file another I.A. Under 109 of Civil Rules of Practice, to expedite the I.A. in question by saying the above irregularities.
THIRD:-
OR OTHERWISE, if the concerned Judge knowingfully aware with fact of filing of 'counter' by the otherside, going on delaying the proceeding by adjourning the case, then Mr. Imtiyaz can file a 'Civil Rivision Petition' to expedite the proceedings of I.A. in question.
Kamlesh soni
(Expert) 26 February 2009
You may file a writ petition under Article 227 of the Constitution of India before the High Court for an expedite of the IA.
