Writpetition /CRP
imthiyaz
(Querist) 28 June 2009
This query is : Resolved
Dear All,
Decree consisting of 11 decree holders in a very old Muslim partition suit, The suit is still pending in final decree proceedings adjourned for next month.
Almost 250 members on record as of now as legal heirs of plaintiffs and defendants as original plaintiffs and defendants died long back.
In case of one 2nd plaintiff legal heirs,who has 2 orphaned grandchildren from predeceased son and two daughters,
The surviving daughter has already filed an Interlocutary Application in pending FDP to delete these 2 orphaned grandchildren of predeceased son on record along with them under the 2nd plaintiff legal heirs,
Question: Our Interlocutary application to delete some legal heirs of plainiff on record is not heard from past 20 months in this pending Final decree proceedings,
Our advocate says we cannot move to high court until we get an order on our Interlocutory application, which seems like quite impossible in this lower court,
Our advocate says it is difficult to file writ petition in high court as we have to serve notice to almost 250 members,
But our matter matter is concerned with only legal heirs of one plaintiff who has 2 orphaned granchildren and two daughters as legal heirs on record in pending FDP,
Buy taking the order sheet copy of past 18 months in which our IA is not heard,
Can we file a writ petition by making only these orphaned grandchildren of 2nd plaintiff as parties in the writ petition, as the matter is concerned to only Legal heirs of 2nd plaintiff not to all legal heirs of plaintiffs and defendants..
Please advice how to proceed, we can file a writ or Civil revision petition . can we file Writ petiton by making only these orphaned grandchildren as parties.
Thanks
Kiran Kumar
(Expert) 28 June 2009
looking at the plight of the case it deserves a time bound diposal.
in criminal matters we generally move an application under S.482 of Cr.P.C for expediting the trial in view of judgment of SC reported as Salem Bar Association v/s Union of India 2005 (3) SC 420.
i dont find any such enabling provision in CPC....may be my knowledge is short.
in my opinion Civil Writ Petition is maintainable for issuance of directions to the court to decide the matter fairly in a time bound manner.
i believe it has to be Mandamus.
i seek indulgence of other Ld. Members, its really a big issue....let me have some addition to my knowledge as well.
PALNITKAR V.V.
(Expert) 04 July 2009
I think a Writ under Article 227 would be proper since the HC has supervisory powers and directions can be issued under Art. 227.
