Hearing of contempt case

Querist : Anonymous (Querist) 12 September 2011 This query is : Resolved
WE HAVE FILED A CONTEMPT CASE AGAINST A FLAT OWNER OF OUR APARTMENT FOR ENCROACHING IN THE COMMON AREA INSPITE OF A COURT ORDER FOR STAY OF CONSTRUCTION AND AGAINST THE MUNCIPAL CORPORATION FOR NOT TAKING NECESSARY ACTION TO STOP THE CONSTRUCTION,
THE PARTY IN THEIR COUNTER STATED THAT THEY DID NOT MAKE ANY CONSTRUCTION AFTER THE STAY ORDER.
THE CORPORATION IN THEIR COUNTER AFFADAVIT STATED AS THE PARTY HAS APPROACHED THE JUNIOR CIVIL JUDGE AND OBTAINED AN INTERIM STAY WHICH HAS BEEN DISMISSED AND AS THE CORPORATION HAS REJECTED THE REGULARISATION APPLIED BY THE PARTY THEY WOULD DEMOLISH THE STRUCTURE IMMEDIATELY.
BUT THIS HAS NOT BEEN DONE AS THE PARTY APPROACHED THE ADDL. CHIEF JUDGE IN A CMA AND HAS TAKEN A STAUS QUO.
THEY HAVE TAKEN THE INTERIM STAY BY CONCEALING THE FACT THAT THERE IS A CASE PENDING IN THE HIGH COURT.
WE WANTED TO BRING THIS TO THE NOTICE OF THE HIGH COURT, BUT THE C.C IS NOT ABLE TO REACH THE BENCH EVEN IF IT IS BEING LISTED FOR THE DAY.
WHAT COURSE OF ACTION SHOULD WE TAKE TO BRING THIS TO THE NOTICE OF THE COURT. OUR LAWYER SAY AS THE JUDGE IS SITTING IN A DIVISION BENCH AND IS SITTING ONLY ONCE IN A WEEK AS SINGLE JUDGE THE CASE IS BEING DELAYED, IT WOULD REACH ONCE THE JUDGE SITS SINGLE.
THIS C.C HAS BEEN LIKE THIS FOR THE PAST ONE YEAR.
ANY SUGGESTIONS PLEASE.

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ajay sethi (Expert) 12 September 2011
if the case has been assigned to a particular judge and the said judge is also sitting in a division bench there may be number of pending cases listed before the judge . on account of paucity of time and heavy backlog of cases your case must not be appearing on board . have patience wheels of justice move slowly at times but ulimately you will get justice

Advocate Rajkumarlaxman (Expert) 13 September 2011
YOu can mention the matter for ugreny and take the matter HIGH ON BOARD HOB so that matter can come up once the Hon. Judge sits singly. take either by mentioning the case or press for a preciepe and take the matter on board as stated.

prabhakar singh (Expert) 13 September 2011
i agree with opinions expressed.

M/s. Y-not legal services (Expert) 13 September 2011
The concern judge seated in bench only mean there will be any alternative arrangement. Just clear it.. Otherwise how ever weekly once single bench hearing contempt cases mean you just give letter to registry for list your case, or just mention before lordship to list your case as top of the list for next hearing.