Special leave petition for interim relief
welcomeoncloud9
(Querist) 17 July 2012
This query is : Resolved
Dear Sir,
We have ancestral Properties , Now one of our Brother out of 8 have executed a sale deed on one of the Property , with only mothers signature on sale deed. so we challenged the sale deed in lower courts and after defeating in this courts , our brother appealed in High Court and even in high court he lost the case and oral judgement and order was in our favour for cancelling the sale deed , as the sale deed was done without our consent. Now aggrieved with High Cour , our Brother has filed SLP for interim relief in Supreme court , SLP is just filed and Not yet admitted by SC. Now matter between all brothers have resolved and we are ready to give our consent to the sale Deed of that particular property and accordingly(in lieu of) he relinquishing all his rights and interest of whatsoever in all other ancestral properties from paternal and maternal side , in which he is legal share holder ( as one legal heir). our settlement basically is we giving consent to his sale deed and in lieu of which he is relinquishing all his rights to all the ancestral properties including ancestral house. so in view of above settlement , our brother wants to file our consent terms in SLP format before admission of SLP ( Without granting the leave), Note: our mother is alive and she too a petitioner in SLP, so i have following queries :
1) is SLP time bound after the High cour order?
2) Is filing of consent terms a correct procedure to settle this matter so that the fight between brothers ends and no one interfere with each other ?
3) what is SLP for interim relief means?
4) we are told by him and his lawyer that consent terms filed in SLP is the correct procedure to resolve the issue and once filed in SC , one cannot appeal any time in future.
5) Do u need to wait for the admission of special leave before filing consent terms in SC? cause we have not received the notices as yet from SC, as the HIGH court oral Judgement and order is dated 9 /12/2011.
6)one of our brother who was one of the respondent in high court is dead bachelor so do we require to mention his name in slp as he was alive when high court case was filed?
kindly suggest .......
Nu.Delhi.Law.Fora.
(Expert) 17 July 2012
Dear Querist,
Its good if you resolve your disputes amicably on certain terms/settlement etc. However, for getting the said settlement terms accorded with Supreme Court stamp, firstly SLP needs to be heard and notice needs to be issued. If Notice is issued, only then you will have chance to get your settlement act recorded.
Trust this would suffice.
Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi
R.K Nanda
(Expert) 17 July 2012
If SLP gets admitted in SC only then interim
reliefs can be granted to ur brother by SC.
welcomeoncloud9
(Querist) 17 July 2012
Thank you Adv Rabin ,
So you mean to say that ,we should sign the Consent terms and submit the SLP , though we havent received the Notice and SLP not yet admited? can we participate and approac SC without being summoned in d case?
we intent to resolve the fight and finish the any proceedings further , whether SLP gets admited or doesnt. can sign SLp before admission of slp ..
Nu.Delhi.Law.Fora.
(Expert) 17 July 2012
Dear Querist,
Further to my advice and your subsequent query, I am of the view that if the SLP has not yet listed and heard, you may file caveat so that you get a fair and legitimate chance of hearing so that no order may be passed without hearing you.
I think you may do so as advised earlier so that you can participate and approach SC even before Notice served on you.
Trust this would suffice.
Rabin Majumder
Advocate-on-Record
Supreme Court of India
New Delhi
Raj Kumar Makkad
(Expert) 17 July 2012
I have also the similar opinion as expressed above.
