Application on every hearing from opposite lawyer
shivansh
(Querist) 26 November 2015
This query is : Resolved
Namastae experts,
I am unaware of legal terms but my problem is that my father and my chacha (father's brother) have a case running in district court. we have won all cases in SD court and now chacha has appealed against orders in Session court. problem is that despite being correct,my father has to go on every hearing while my chacha puts an application for extension as he doesn't appear and his lawyer files an application. it is same for almost 2 years now.my father is aged and can't appear but still he does.he simply goes for news that opposite lawyer has filed an application.we talked such matter from our lawyer to demand speedy hearing but he denies. his junior told us that he doesn't act against the union.this is some sort of understanding between our lawyer and lawyer of my chacha.
my chacha knows he can't win the case so he is playing. i am in job so i can't be frequent as well. we talked to judge and she advised us to get an application from our lawyer. but our lawyer is saying such application for speedy hearing or application against the acts of my chacha to skip dates cannot be filed.he is doing it out of some bonding between lawyers.can you suggest me the solution.my father is 65 now and he can't move such distance on every hearing.
please help.
SAINATH DEVALLA
(Expert) 27 November 2015
U R lawyer has to plead in the court that the opp party is being willfully absent and his absent petition rejected.2 yrs is a long time and what has been UR lawyer doing?
Guest
(Expert) 27 November 2015
The Precedence to Complete the Cases Of Senior Citizens is already there.Discuss with your Advocate Or Consult A Local Good senior Advocate.
Advocate Ramesh
(Expert) 27 November 2015
you mention in your query that the opposite lawyer filed a petition. Let me know what type of petition filed by your chacha's advocate then only we came to give proper reply. and you must know no need to appear by the client in appellant court unless or otherwise specific order from court. so if you give full details then only we will help you
Rajendra K Goyal
(Expert) 27 November 2015
You should immediately change your lawyer if he is not taking care of your interests.
Full case file need to be referred for further advise, consult some other lawyer.
shivansh
(Querist) 28 November 2015
sir SAINATH DEVALLA ,you are right , our lawyer is reputed lawyer in the city but still he is inactive.the opposite lawyer pleads that he couldn't prepare on every hearing and still court extends date
shivansh
(Querist) 28 November 2015
sir N.J.S.Rajkumar alias narasimha , Thankyou very much sir
shivansh
(Querist) 28 November 2015
sir Rajendra K Goyal Thankyou for valuable advice
shivansh
(Querist) 28 November 2015
sir Advocate Ramesh , sir we have won case in SD court and my chacha has filed appeal in session court. it is been long time my father is old and my chacha manages to get extention on every hearing on account on non preperation. my fathers travels 30km on every hearing in 65 age. i am in job so i wanted to get advice from experts if we can demand speedy hearing. our lawyer is saying there is no such application that can be put in front of court.his junior has told us that he doesn't go against the lawyers from other party.as other lawyer would help him in case where he'd be losing.so its arrangement between them that they don't demand speedy hearing against each other.he is reputed lawyer so we don't want to change him.isn't this unethical as being a chartered accountant and cost accountant myself i feel our lawyer is being unprofessional.problem is my father is suffering and i can't help coz i am in job
Anupam Lahiri
(Expert) 29 November 2015
What type of case you are fighting? Pls give the details of the original case and the appeal against the judgment.
shivansh
(Querist) 29 November 2015
Sir Anupam Lahiri, in our case my father is adopted and my chacha is 10-12 years younger than my father. my father took care education and upbringing and marriage of my chacha and kept my biological dadi as well.
my chacha has 3 sons while my father has me and my sister.sister got married and i am only 24 . so when this case was filed, my chacha used to pressurize my father for property which is legally not his property as he is not adopted by my legal grandparents.
SAINATH DEVALLA
(Expert) 30 November 2015
UR chacha has no right to claim any share in the property UR father inherited from his adopted parents or on any self earned property.
These things could have been elaborated by UR lawyer in the court.Whether UR lawyer is a reputed one or a busy person he has to do justice to his client.
Anupam Lahiri
(Expert) 30 November 2015
Then what case you have won and what case is there in appeal?
shivansh
(Querist) 01 December 2015
We have won cases in SD court now my chacha has filed case in session court
K.S.Srinivas
(Expert) 04 December 2015
If you feel that your advocate is not showing any interest in the case, then change the advocate.
shivansh
(Querist) 06 December 2015
sir K.S.Srinivas yes sir i am thinking of same. thanks :)
Anupam Lahiri
(Expert) 06 December 2015
In this process, you have to take NOC from the existing Advocate.
shivansh
(Querist) 07 December 2015
sir, Anupam Lahiri ye sir we have talked to other lawyer . i'll keep NOC in mind before initiating process. thank you :)
