Order passed by high court of ap
INDIA
(Querist) 24 May 2015
This query is : Resolved
Sir / Madam,
I submit that I filed a divorce petition at District Court and immediately a transfer petition was filed by the respondent at High Court of AP and was STAY ORDER was granted.
Then due to non-appearance of the respondent / Counsel at High Court, the case was DISPOSED on 22.08.2013
Immediately a Set-aside petition was filed by the Counsel for petitioner (in High Court) and was again granted STAY vide Order dated: 01-10-2013. This matter of restoring was not informed to me but passed by the High Court and not even informed to the Lower court also.
Based on the Order dated: 22.08.2013 the Lower Court conducted trials and due to non appearance of the responded the Court granted Ex-parte Order.
Two days before to receive the Ex-parte Order the respondent once again filed a petition to set aside the Ex-parte Order stating that the Transfer case is still pending at High Court of AP and submitted a copy (NOT CERTIFIED) of Order dated 01-10-2013.
Seeing the Order I was shocked to notice that the order was named as
"HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH"
Becaus, it is a well known fact that the State of Andhra Pradesh was bifurcated on 02-06-2014 but the Order was dated 01-10-2013.
I filed an RTI before the High Court but the Registrar failed to provide the reasons and said that he will look into the matter and inform later
But nothing happened till today
KINDLY ADVICE ME THE PROCEDURE TO BE FOLLOWED BY ME FOR JUSTICE TO BE DONE
Devajyoti Barman
(Expert) 25 May 2015
You also apply for certified copy of the order. Only the certified copy of orders can set the dispute at rest.
Dr J C Vashista
(Expert) 26 May 2015
How "India" can file divorce petition in district court?
INDIA
(Querist) 28 May 2015
Sir,
I filed divorce at Senior Civil Judge Court at District Court premises. I'm sorry to mention it as mentioned as District Court.
Also, I got certified copies of that Order and are with me at present.
Kindly advice me Sir(s)
Please Sir(s)
T. Kalaiselvan, Advocate
(Expert) 29 May 2015
What is that found in the certified order copy you possess, why dont you give that details too?
INDIA
(Querist) 29 May 2015
Dear Sir(s),
Order dated: 01-10-2013 was passed by Hon'ble Sri Justice M.S. Ramachandra Rao passed to Set aside the dismissed Order dated: 22-08-2013
This Order was passed without intimating me
And the Order is headed as
"HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH"
TUESDAY, THE FIRST DAY OF OCTOBER TWO THOUSAND THIRTEEN
But it is well known fact that the High Court of AP was renamed onlt after the AP State Bifurcation i.e. from 02-June-2014 onwards.
But how Order dated 01-10-2013 was passed by High Court of Telangana & AP
Kindly advice in this matter
T. Kalaiselvan, Advocate
(Expert) 29 May 2015
You may have to verify the date of order, it may be a type error too.
You have mentioned that you have certified copies of that order, what was the date found in it?
INDIA
(Querist) 29 May 2015
Sir,
The date is exactly 01-10-2013 (Zero One - October - Two Zero One Three)
This was the fraud trick played by the Counsel for Petitioner (Opposite Party) so that the case at Lower Court may be STAYED at the time of disposal.
INDIA
(Querist) 29 May 2015
But, the same advocate failed to notice that the state will bifurcate and such problem arises
The Order dated 01-10-2013 was not printed on that day
It was printed in the month of July ending, that too to submit in Lower Court to set aside the Ex-parte Order which was granted
