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Rajeev   14 January 2016

Orders to trail court to expedite for senior citizen

My mother who is 85 year old needs judgment during her life time. The case is Memorendum of family settelment signed by all concern had been chalanged by the yongest son who intentionally made the MOF with embugity. The properties and buissnesss had been taken oover by the all concerns as per MOFs but properties in the share of our mother is cause of dispute created by the plaintiff son, who got ex party status quo in year 2010.

The honourable High court send the matter thrice for mediation. Each time at the lat stage he withdrew and does not appear the court. In one of the report by mediator and consilator gave finding to High Court about the fact that plaintiff intentionally witdrew.

The fact is plaintiff wants to delay with intention to take best use after my mother. He has added six more supplimentry cases in the court. Plaintiff by use of status quo has stoped mostly all the earnning source of mother. In the court honourable Judge got written statement that all agrees to MOFs. The court again send to mediator to work in execution of MOFs. Which again failed because of witdrawl and creating dispute by plaintiff.

In the last hearing, when we were expecting some direction of court the Honble High Court , case was transfered to District court.

I want opinion:

1) Can my mother file an application to Honble High Court to issue order to Trail Court to expedite the case within a specified period .

2) Can my mother put an application infront of Trail Court to allow to use her share and her own properties which is actually owned by her and as per MOFs also it came to her share.

3) any other way to get fastest judgment.

Thanks & regards



Learning

 2 Replies

seshadri vikrala ( Asst.Security Commissioner/Group 'A' RETIRED)     15 January 2016

Please contact experiencrd ADVOCATE..

IN MY CONSIDERED VIEW YOUR MOTHER CAN FILE " SPECIAL MENTION," IN THE HON' COURT THROUGH YOUR LAWYER...NEXT...SHE CAN ALSO SEND  ' LETTERS PETITION ' OR SOMETHING OF SUCH SORT...YOU CAN ALWAYS GO FOR OPINION OF SOME ADVOCATES,   OR HONOURABLE COURT REGISTERAR'S OFFICE OR LEGAL GUIDANCE SECTIONS

TQ

Sidharth   15 January 2016

File petition to high court u/s 482 crpc for speedy trial


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