What is the time limit for passing order in Civil Appeal

Querist : Anonymous (Querist) 11 October 2010 This query is : Resolved
District Judge received an Appeal U/s 9 of Public Premises Eviction Unauthorized Occupants ACT, 1971 against Eviction Order Passed by Estate Officer, and passed status-quo Order, then after hearing completed on 17 th of June 2010 and Case taken on order but till date no order passed by the District judge.
What is the provision in Act for passing the order.

Follow Query

Report Abuse

Kiran Kumar (Expert) 11 October 2010
In a judgment titled 'Salem Advocates Bar Association v/s Union of India', Hon'ble SC, in 2005, has put such kind of matter in Track 3 category and gave guidelines that such kind of matter shall be decided in a period of 24 months.

however these were merely directions but following such directions the HCs have adopted 'Case Flow Management Rules'....you may check up those on the website of concerned HC.....even if such rules are not framed, you can still take advantage of the above said judgment.

if the appellate court is adjourning the matter unnecessarily then approach the HC and get the necessary directions for the time bound disposal of the matter.

apply for the zimini orders of the appellate court if you wish to approach the HC.

Devajyoti Barman (Expert) 11 October 2010
Which hearing you are talking about? The district judge may hear both the parties about the injunction till final disposal of the PP Appeal.
In any case the court may take some time before passing the order. If it is taking too much of time then instruct your advocate to mention the matter before the court itself about pendency of the order.

Kirti Kar Tripathi (Expert) 12 October 2010
I agree with Mr. Divajyoti. However, under your case, since so much time has already elapsed, it is incumbent upon the court to rehear the arguments of the parties.