reluctant to dispose our I.A
Mohamed Ali
(Querist) 24 October 2009
This query is : Resolved
We have a Muslim partition suite pending in Final decree proceedings and is adjourned for 31st of this month, for which preleminary dated almost 1970..
We are LR's of one plaintiff, plaintiff had 3 children two daughters and one son who had predeceased her, but his childrens were wrongly brought on record while filing final decree petition in the year 1989,
plaintiff daughter has filed an Interlocutary application in 2008 to strike out these LR's of predeceased sons children from record as they are not entitle fo share as per Mohameddan law.
Also, In this Final decree proceddings there are 3 non-bonafide subsequent purcahser who has some how been made as parties as additional defendants,
And one of the purchaser has done out of court compromise with some of decree holders except one plaintiff for one of the decree schedule property against the will of lR's of one plaintiff who has objected saying that First the Interlocutary application to strike out LR's of plaintiff who are not entitle for share must be disposed off as there is problem amongs LR"s of one plaintiff must be settled,then any compromise will be entertained by the objecting LR's of plaintiff.
The Honorable court agreed to dispose of our IA to strike out LR's of plaintiff who are not entitle for share and posted our I.A for Orders two hearing back, Now after 2 hearings suddenly Judge is taking a
U-turn and not writing Order on our I.A , further saying he will refer the case to Lokadalat if the parties agreed and try for compromise with subsequent non-bonafide purchasers with out disposing our IA, As per the Judge, as of now tour IA will be kept as it is.., As one of the non-bonafide purchaser is an influential person may be Judge under some influence acting this way,
We are very frustrated, our simple I.A is pending from past 2 years we being Plaintiff , our I.A is not entertained and dispose off, the Judge is more interested in compromising the non-bonafide subsequent purchaser who has no equity as per decree.
We are fed up with this trial court judges atittudes, Can we approach high court as our IA is pending from almost 2 years.
Sachin Bhatia
(Expert) 24 October 2009
Yes you can approach in HC.
adv. rajeev ( rajoo )
(Expert) 24 October 2009
write allegation letter to vigilance section to high Court and see the effect.
Raj Kumar Makkad
(Expert) 24 October 2009
Instead of moving to HC you should move an application for early disposal of pending application and if it is not entertained or dismissed then file revision against it before District Court. I think you can get ealy results of your efforts.
Kiran Kumar
(Expert) 24 October 2009
well you may approach HC by way of civil writ petition for quick disposal of your case.
i also find concurrence with the opinion being expressed by Mr. Makkad but since the litigation started in year 1970 so the matter desrves to be brought to the notice of High Court....so my advice is approach HC.
