Pending Interlocutary Application
Mohamed Ali
(Querist) 16 January 2009
This query is : Resolved
My Interlocutary is pending from past 1 year to be exact January 10th 2008,
Our suit is a sunni hanafi family partition suit, In this case there are 11 decree holders who all died,after decree.
Some LR's one of the decree holder who are not entitle for share are brought on record while filing for final decree petition, for which we have objected in the still pending final decree procedding to delete these LR's on record who are not entitle for share as per Mohameddan law of inheritance,
It is since one year our application is pending , even our advocate raised several times in open court to hear on our objection but the judge under some influence is not considering the objection and telling she/he will take up the issue at end, or she is purposely deaf ear to our application,
Our advocate says we cannot move to high court or by pass this court without getting an order from this lower court, but as i said the judge is not willing to hear on the Interlocutary application, We are irritated s we are not able to get any order on application form past 1 year, Sir How can we proceed now we just donot believe in this judge who is deaf ear to our application.
How can we proceed what are remedies and alternate paths for us.
Srinivas.B.S.S.T
(Expert) 16 January 2009
Sir you can write a letter to the District Judge by marking a copy of the same to the chief justice of your state high court and the registrar of your state high court. Your grievance will be considered and please do bear in mind that making allegations against a judge in that letter (as you have made in your query) is not an advisable act. The workload and the pendency of Identified matters may make some judges adjourn the matters of miscellaneous nature. You must bear in mind that recording of evidence of the witnesses present in the court hall shall be given priority than hearing an interlocutory application. However write a letter explaining the status of the case and the hardship you are suffering because of the delay in deciding the IA. Please do not forget to intimate your advocate about your actions. Regards Srinivas BSST
