Succession matter
Naresh S. Patil
(Querist) 30 March 2012
This query is : Resolved
Succession matter pending in court for 22 moths. Only adjourments. Can experts help?
M.Sheik Mohammed Ali
(Expert) 30 March 2012
either you can file speedy process or transfer your case to another judge.
ajay sethi
(Expert) 30 March 2012
judicial process takes time . no short cuts
Shonee Kapoor
(Expert) 30 March 2012
Why only adjournments?
Is there a specific reason?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
venkatesh Rao
(Expert) 30 March 2012
Yours is not the only case you know. Politely convince the court and get early disposal.
Naresh S. Patil
(Querist) 30 March 2012
sirs, application for succession was filed 22 month ago. The used to be absent on health ground. Judge was then absent for 6 months. Hence adjournments. New judge appointed in Dec. 11. Though matter is posted for orders,adjournments continue. All formalities are complied with.
Sailesh Kumar Shah
(Expert) 30 March 2012
File writ petition under article 227 of the Constitution of India before the High Court, praying for speedy disposal.
SAINATH DEVALLA
(Expert) 31 March 2012
Dear Naresh,
Just because the judge is absent for 6 months,the proceedings won't stop.The cases will be entrusted to another court.You are saying that he case has been posted for orders by the new judge.How can he post for orders without any proceedings? Your answer is not correct.
yes,you can file a writ petition under article 227.
Central Government Act
Article 227 in The Constitution Of India 1949
227. Power of superintendence over all courts by the High Court
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practising therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed For
Naresh S. Patil
(Querist) 31 March 2012
Thank you all experts for your valuable advice
