Contemp of court

Ayan (Querist) 07 March 2024 This query is : Resolved
Dispute arise between Owner and Tenant and Tenant file Case for Permanent Injunction 2009.
In 2016 , Owner file counter claim of eviction.From 2016 to till date , no hearing done.
Tenant Repeatedly pray for Adjournment , absent , absent long Hearing date etc.
Owner Move to high court in 2021 , high court order Lower Court to dispose all petition
in 15 days.
But lower court did not do a single hearing in 3 years.
By Lawyer is going to File Contempt of Court to High Court.
He is making party to Tenant , not judge.

My Question is , in this situation
1) Who will be party Judge or Tenant ?
2) Cannot we file contempt against judge ?

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Quick Summary

A landlord is considering filing a contempt of court case due to significant delays in their eviction case, initiated in 2016. Despite a High Court order in 2021 for the lower court to expedite the matter within 15 days, no hearings have occurred in three years. The landlord's lawyer intends to file the contempt against the tenant, not the judge. However, legal advice suggests that contempt may not be the appropriate action, and the lower court would need to provide reasons for non-compliance. Alternative options include seeking further directions from the High Court for quicker disposal or filing a transfer petition.

T. Kalaiselvan, Advocate (Expert) 07 March 2024
First of all contempt of court does not arise in this situation.
The concerned court has to give explanation to high court if they could not comply with the instructions of the high court with convincing details.
You can have a control over your imaginary concept, judge is not the party to the case, the high court has passed an instruction but the prevailing situation may be different hence the same count not be properly followed.
If you are aggrieved then you can approach high court with a transfer petition or proper intervention

P. Venu (Expert) 16 March 2024
All that is possible is to get a further direction from the High Court for expeditious disposal.

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