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How can we ask high court to decide a case.

Querist : Anonymous (Querist) 01 October 2010 This query is : Resolved 
An appeal is pending for hearing at Guwahati High Court since 1975. This is a title suit case for the sebaitship similar to Ayodhya.

Trial court had given verdict in 1975 in favor of the sebait and his family and the opposite party a group of 14 businessmen was denied sebaitship. Opposite party appealed in a bench of Guwahati High Court. This is a voluminous case and should be heard by full bench. This is pending now. Advocate of Sebait requested bench of Guwahati High court for a hearing and conclusion and dispose off of the case. But after giving dates the case always differed to next date and as such 36 years passed.

When the founder sebait died his son was a small child and one shop owner doing business in the shop in the front of the temple plot started looking after the accounts and maintenance as appointed by the founder sebait because this businessman was a friend of founder sebait also, however there is no written evidence for that. When the sebait after growing up when asked for the handover of accounts and documents to him a group of businessmen started a case in lower court for the title suit and one after another they filed more than 30 cases in different courts and fortunately the cases were decided in favor of the sebait. Thereafter these 14 members who formed a committee illegally filled an appeal in the bench of Guwahati high court. The original suit was filled in 1960. The opposite party is more interested in the commercial value of the plot than the temple. It was established by the trial court that temple was founded by the sebait's late father and he was founder sebait. Court has also declared that the land was acquired by the founder sebait. The idols were installed by the founder sebait. The sebaitship inherited to his son and grandsons and family members.

The sebait and his family are not very rich to afford advocates fees etc, whereas the opposite party are rich businessmen. Whereas sebait is now finding it difficult to manage and maintenance of the temple and daily seva puja. Temple is also in bad shape and any day the temple hall made of wood more than 100 years ago may fall.

The family members are still continuing the daily sevapuja and festivals of the deity religiously and with full dedication. Whereas the so called illegally formed committee after starting of the case in 1960 made agreement with the shopkeepers and still collecting the rent and using that money for fighting of the case.

How can the members of sebait family request high court to hear the appeal and dispose the case.
Devajyoti Barman (Expert) 24 October 2010
Approach the Legal Aid authority for the free legal aid.


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