Query: whether to file ws in pwdva while appeal is pending?

Rely on your own lawyer.

MR. JIGYASU,

The moment case is filed we all have lawyers. More often than not litigants find it difficult to rely upon  their lawyers and that is the reason they are asking questions here. If you simply say " rely upon your lawyer" that does not make an answer. My lawyer is very keen that I pay up the arrears. "Otherwise the OP will put a memo for that"' he says.  I know the memo doesn't mean anything. I will also ask for more time. But if your own lawyer is very keen to part your money from you to the OP, how does "rely upon your lawyer" work? Kindly write your opinion here.

The moment you realize your own counsel is not advissing you properly because:

He/she wants to benefit the OP 

He/she wants to benefit the OP since he/she has striked a deal with OP and wants a cut out of it

He/she is not well versed and competent 

The very moment change your counsel, without any delay................and second thought.

Such moment can be avoided by;

Conducting your own survey to find local senior very able counsels of unshakable repute and integrity specialising in concerned field of law e.g; Family Matters

Going thru kind and number of cased contetsed by such counsels and  jdugments in matters contetsed by them

Discreetly asking around 

Talking to local litigants in similar matters

Finding local litignats contesting as Party in Person

Speaking to well informed experienced person that have goen thru same stage

reading well nourished blogs

There are so many excuses you can give to adjourn the hearing, even SC said that most of the lawyers are working as adjournment expert. If you can't think an excuse yourself take an adjournment expert with you.

Hope you can handle the matter on your own or lean on your counsel as suggested....

I still don't have a clear answer.

As of now, I'm inclined to file the written statement by rest of the respondents even though their appeal is pending.

My intent is not to take adjourments and delay the matter but take the right course of action as directed by the law. Seems like there is no clear directive.

The only solution available for you is to either proceed with the matter at the earliest in session Court or file a detailed Adjournment Application mentioning all the above facts and even annexing a copy of your appeal if required.  The other side will be served also and you can then procced with your matter.