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Querist : Anonymous (Querist) 31 August 2011 This query is : Resolved
We had won a case (civil) in the trial court. The opposite party went into appeal and sought stay on execution till appeal is pending. The appellate court refused stay. The party went to high court and stating some false fact obtained ex-parte stay till appeal is decided. The high court also ordered to finish appeal in three months. However despite a period of one year is passed but apellate court is not in mood of completing appeal despite my repeated requests.
My lawyer says we will have to approach high court to get their order obeyed. But is is tedious as first get a order from high court and then again go to them to get it obeyed.
Pl suggest a simpler and effective way.

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Devajyoti Barman (Expert) 31 August 2011
File a contempt petition in the high court. Once the appellate court comes to know about such contempt he would shudder to drag the case any more.

M/s. Y-not legal services (Expert) 31 August 2011
If you have good grounds mean file a vacate stay petition before the high court.. Just proof that your opposite party suppressed true fact and given false affidavit.

prabhakar singh (Expert) 31 August 2011
filing stay vacation would be more good than a contempt against a court where case is pending.

Kiran Kumar (Expert) 31 August 2011
you have certain options in your case, I would rather support the opinion of Mr. Barman that you should file a contempt petition before the Hon'ble High Court.

or in the alternative you may make a complaint against the judge to the concerned High Court.

but just keep in mind that the delay or any unnecessary adjournment shall not be attributable to you.

the High Court will examine the proceeding orders.

Raj Kumar Makkad (Expert) 31 August 2011
I do agree with kiran.

M/s. Y-not legal services (Expert) 31 August 2011
Here what is contempt by the opposite party?

Advocate. Arunagiri (Expert) 31 August 2011
It is the usual practice of the lower courts, not completing the trial or appeal proceedings as per the directions of the HC.

The lower court will simply seek extension of time for the disposal. They will also give some reasonable excuse for the delay in disposal.

This can not be treated as contempt of court.

M/s. Y-not legal services (Expert) 31 August 2011
Yes. Am supporting to arunagiri sir's opinion..

prabhakar singh (Expert) 02 September 2011
Instances are several in each state that a time bound direction to decide a case gets ignored for one or other reason.The question ,then is this that whether these directions are \mandatory'or 'directory' in there nature.the latter will never constitute "contempt"
And the scenario of pend-ency will let it to form an order of directory nature,

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