Speedy disposal of long pending case dragged by the litigant
Balaji Bakthavathsal
(Querist) 12 March 2020
This query is : Resolved
An unscrupulous respondent filed a CRP in the High Court of Madras in the year 2014 with the request to set aside the ex-parte order issued by the lower court and stop the proceedings in the lower court. Since the High Court has not granted any stay for the proceeding, the lower court conducted the proceedings and awarded ex-parte judgment & decree in the year 2016. It is learnt that once the lower court awards the decree, the CRP becomes infructuous. Further, the respondent has appealed against the ex-parte judgment / decree in the next appellate court (Sub-Court) and is dragging the appeal suit for the past 4 years. The CRP is also pending in the High Court for the past 6 years without being listed for hearing. As the respondent is most unscrupulous person who just want to drag on the suit to extort money from us, how to bring it to an end ?
Also please let me know the Order & Rule under which I can file a petition for speedy disposals of both the cases.
Thanks & Regards
Balaji
Raj Kumar Makkad
(Expert) 12 March 2020
As CRP has become infructuous so simple application under section 151 of CPC can be filed for preponment and disposal of the said CRP based upon the decree passed by trial court.
So far as appeal is concerned which is pending at the end of the District Judge, your lawyer need to pray its earliest disposal under the same provision failing which you may file a writ under section 27 of constitution before high court seeking direction to the District Judge to decide the pending appeal within the stipulated time of one or two months.
Rajendra K Goyal
(Expert) 13 March 2020
Your lawyer may prey the court for an early disposal of the appeal.
Moving to High Court for directions for early disposal is also an option.
T. Kalaiselvan, Advocate
(Expert) 16 March 2020
The CRP becomes infructuous upon the case in the trial court being disposed, however you can file a petition seeking to list the pending CRP for its disposal on the basis of the judgment passed by the trial court.
For an expeditious trial and disposal of the appeal, you can file a petition seeking direction to the appellate court
