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Tribhuwan Pratap Gupta (Advocate)     21 October 2012

Complain against abrupt beheaviour of high court

In absence of Judicial accountability bill at present what remedies available against abrupt beheaviour of single bench of High Court..Needs advice.and Chronological events are as below in desending order.:-(Eviction case)

(1)Final hearing took third time on 19.09.2012.but no judgemenit is delivered till date wheare as under order 20 Rule(1)should have been delivered in 30 days .No un expected or extra ordinary situation is previling so that 60 days time can be given.

(2)ON second final hearing on 08.08.2011 case was remanded to tail court framing two issues which trail court had already dealt with by it's judgrment dated 19.12.2006 in favour of landlady under Sec.12(1)(a) (f) (k) (m)sec13 (6)That is arreares of rent bonafide need,damage to property.construction without permission not depositing rent within2 monthsafter notice violation of registered leasd deed conditions under C.G acc. control Act.) (.and 6Months (Max permitted ) was allowed remanding the case to trail court.

(3)First final hearing took place on 04.04.2009 and case was fixed or judgement later on court felt matter felt further hearing which could take place only on 08.08.2011 and remanded to trail court.Trai court given gjudgment again in favour of landlady on 03.03.2012 thereafter obliging tenant for all adjournments on silly grounds hearing took place on 19.09.2012  but no judgement till date.On 08.8. 2008 court considering landlady is senior citizen fixed week on13th oct 2008 for final hearing,on that date court allowed tenant to deposit remaimg part of the decreed amount after one and half years where as while granting stay H.C.order 27.03.200 said on compliance of money part of the decree within 30 days stay order was  granted allowing to deposit  was .violatin of the the provisions of order 20 rule(11) (2) and amount to allow depositig decrred amount in instalments,

(4) Earlier in Writ petion filed by landlady this same High Court had by its order dt .04.07 .2006  had directed trail court to expediate and dispose the case within 6 Months and now same High court case is pending for more than five and half years.

(5) As  leasedeed was signed and registered between the parties which is accepted by tenant he had accepted the signing of lease deed accepted that term of lease in Written statement,evidence.in memorandum of appeal filed in High court had expired on 09.10.2004 accepted that the term had expired accepted that he had violated the conditions of lease deed tenant had not disputed the title of proerty.

It seems that hon'ble high court is kind enough to use it,s all discetive power in favour of tenant .Beainga senior citizen and layman above are my observationand My intention is not to charge the any individual judge are judicary if ther is any violation of the Contempt of court I here by tendrr my un conditional appology.

Please advice what can be done in this situtionas no judgement is delivered till date I acn not file Special Leave petition .

With Kind Regards to all

 

 



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