Intervention application
Viral Shah
(Querist) 31 January 2012
This query is : Resolved
what is intervention application in supreme court of india ?
Can we file an intervention application in supreme court of india without going to the high court, straight from the district court if the judgement is to stay the execution petition. in spite of the fact that the decree of eviction has reached finality & also confirmed by the supreme court of india.
Pls. advice.
Devajyoti Barman
(Expert) 31 January 2012
Who has stayed the execution proceeding and under what circumstances?
You can always challenge the order of the trial court to the higher court but not in the way you fancied here.
Raj Kumar Makkad
(Expert) 31 January 2012
Intervention application is filed before the Supreme court of India in the ongoing petition by a party which is not a party to it if the matter is similar.
In the given matter, you cannot directly go to Supreme Court of India as execution is to be made by rent controller.
Viral Shah
(Querist) 01 February 2012
Thank you sir,
here the situation is that in 2005 SC has confirmed the eviction decree, after we filing execution tenants brother filed objections, appealed and playing around in the courts below. now tenants wife as legal heir has objected that landlord has not joined all the legal heirs in EP. (where in tenants brother appeal she only made a statement that she is the only legal heir).
Intervention in SC only to show how the 2nd innings is carried on inspite of the SC order in delaying justice to landlord after 22 years. Pls. advice
Viral Shah
(Querist) 01 February 2012
Hi All,
Today the district court dismissed the appeal of the tenant on not joining all the legal heirs by the landlord in ex pt.
Now from here how should we proceed to get speedy justice & possession of the shop.
Are blailiff given the powers to break open the lock & give possession or we have to take an order for the same from Ex Court ?
