Special relief from High court
Ria
(Querist) 01 September 2010
This query is : Resolved
Is there any provision in law whereby we can claim special relief from high court when the civil court adjourns matter for deciding whether it has jurisdiction by giving a longer date ?
As waiting till jurisdiction is decided would cause immense damage to the property.
s.subramanian
(Expert) 01 September 2010
Yes. You can resort to Art.227 of the constitution of India.
R.Ranganathan
(Expert) 01 September 2010
you can file a suit before the High Court itself. Please elaborate your query to give you a proper reply.
Ria
(Querist) 01 September 2010
The relief sought is in a civil suit for damages and injunction against the person staying above my flat, who is deliberately causing water from her bathroom to seep into my flat.
MANISH
(Expert) 07 September 2010
Dear Sir,
Mr. Subramanian is very right.
In two criminal cases I have also filed a writ petition u/Art 227 read with sec. 482 CrPC in Delhi High Court for early hearing as well as for early disposal of cases.
In civil cases, you may do so under Article 227.
But in such cases, the problem persists is that if there are the orders of early hearing, then the other party most often avoids the receiving of summons, and mostly appear on the date fixed only. But in that situation also, the High Court orders for early disposal of the cases, which the subordinate courts are bound to follow.
