QUICK JUDEGMENT, BEFORE TRANSFER OF JUDGE
R.SHAH
(Querist) 15 April 2011
This query is : Resolved
CAN I ASK THE JUDGE BY WAY OF FILING APPLICATION BY TAKING MATTER ON BOARD BEFORE GIVEN NEXT DATE, TO DISPOSED OFF THE SUIT / DELIVER FINAL JUDGMENT, AS IT WAS KEPT FOR JUDGEMENT.
I COME TO KNOW THAT JUDGE IS GOING TO TRANSFER TO SOME OTHER COURT ROOM IN SAME COURT PREMISES, WHERE I CHECK THE ANNUAL LIST OF JUDGES TRANSFER FROM ONE CITY TO ANOTHER CITY COURT OF STATE/DISTRICT.
I M WORRIED THAT MATTER IS FOR ORDER SINCE NOV.2010 AND NOW HEARD JUDGE IS GOING TO TRANSFER WITHIN SAME COURT PREMISES. IF ANOTHER JUDGE COMES HE WILL TAKE EXCUSE OF RESUME NOW AND NEED TIME TO GO THRU. IT WILL TAKE ANOTHER 6 MONTHS TO DISPOSED OFF.
AS ON LAST DATE OF THIS SUIT JUDGE HAS GIVEN TWO MONTHS LONG DATE I.E. AFTER SUMMER VACATION KNWOING THAT HE WILL GO AWAY FROM THIS COURT AND SOME OTHER WILL TAKE CHARGE. JUST TO ESCAPE OF DELIVERING JUDGEMENT WITHOUT ANY RESONABL CAUSE HE KEEPS ON GIVING DATES AND NOW AFTER SUMMER VACATION.
KINDLY ADVISE, SHOULD I FILE APPLICATION ON TAKING ON BAOED MATTER FOR QUICK JUDGEMENT BEFORE TRANSFER.
AND ANY OTHER REMEDY I HAVE TO EXPEDITE FOR QUICK FINAL JUDGEMNT.
Jitendar Kumar gupta
(Expert) 15 April 2011
you can file application ,
J.K.Gupta Adv.
New Delhi
9868529732
Naresh Kudal
(Expert) 15 April 2011
you can file the application but how it is possible that matter is for decision since 2010. It is necessary for any civil court to pronounce judgment within 30 days from the date of argument [in rajasthan].
leena Sharma
(Expert) 16 April 2011
Yes, it is within your rights to file an application. But legal procedure is such that if you file an application, notice would be served to other party and it is subject to the discretion of the judge.
prashant pundhir
(Expert) 17 April 2011
Just for the judgement,two month long date can not be given .File an application . It is within your rights .
R.SHAH
(Querist) 19 April 2011
dear sirs,
yesterday i went to court for filing application for taking matter on taodays board for order as a preponement. but as i reached i saw the court door was closed and upon asking to pion of court he said judge is transfer to other court room premises and matters are distributedamoung other judges and room is vacant. when i see the list i found my matter is transfer to 1st civil sr. div. judge from 6th jt. s.d. civil judge(former judge) and upon reaching to new judge court room the judge was not sitting and no hope of case file have been comes to this court, so my appln. for taking on baord remain as it is.
upon checking to some advocates they suggest you have to file this appln. on same court were your matter was pending and since now it was transfer and that court is vacant, you have to wait till your next date. and i was surprised to see the remarks on list of my case is for arguments, whereas it was for order on exh.56 since nov.10 as both side say was file and mentioned to need of arguments the order to be passed.
kindly, advise me what was rememdy is left to me to expedite for order in my case and it possible before vacation now, vacation will be start from 9th may to 6th june.
now this new judge will take another couples of dates to hear the matter, can we have remedy to pressurize the new judge for urgent order or it may be transfer back to old judge, but old judge is looked to be biased ones.
kindly suggest me how proceed further for quick judgment.
thanks & regards
subbareddy
(Expert) 19 April 2011
I am accepting with Naresh and if you are intending to get immediate judgment you may file petition day by day after complettion of period as per cpc.
