Division bensh order in appeal against order of a singlr judge in notice of motion
SSng Aulakh
(Querist) 29 November 2012
This query is : Resolved
http://bombayhighcourt.nic.in/data/original/2011/APP5011120711.pdf
Experts are requested to give correct interpretation of the submission made by Hon'ble Division bench in their order?
Raj Kumar Makkad
(Expert) 29 November 2012
Captain sab bhut dina peechhe aaye o tusi is site te.
The DB while upholding the order of Single bench has held that we do not agree with the petitioner. The plea of petitioner is wrong. The high court has reason its reasoning for the dismissal of that misc. appeal and at last has given its observation that our finding on this appeal shall not affect the trial suit pending before the trail court and nothing observed in that judgment be not taken as observation for the pending suit.
SSng Aulakh
(Querist) 30 November 2012
Dear Sir,
Thanks for quick reply. But, prayers in the motion dismissed were for interim reliefs from scope of suit only. please elaborate
Devajyoti Barman
(Expert) 30 November 2012
It means that the order of dismissal of your motion would not be considered in trial of the suit.
As if nothing had happened in the high court.
SSng Aulakh
(Querist) 30 November 2012
Dear Experts don,t you think that the latest order of this division bench is against the "Submissions made in the order passed by the Previous Division bench.
SSng Aulakh
(Querist) 30 November 2012
Learned Experts in Law of the Land are requested to Annalise the situation, orders/ action by Bombay High Court and fate of the Plaintiff who is seeking Justice.
Raj Kumar Makkad
(Expert) 30 November 2012
I don't agree with you that the latest order is against the sense of already deliered order. My opinion is opposite to you. The conversion of civil contempt to criminal contempt and moreover the acceptance of your subsequent petition is erroneous in the light of earlier judgment passed against your interim misc. appeal.
Once your petition was dismissed, you were out of the court and were directed to confine to your case on merits as you were not found entitled for any relief as prayed for in your interim appeal so you have got opportunity to file any contempt petition on that ground.
SSng Aulakh
(Querist) 30 November 2012
Thanks Sir,
What should be my next step to seek justice ?
ajay sethi
(Expert) 30 November 2012
you have to wait for your suit to come for final hearing . it may take couple of years
SSng Aulakh
(Querist) 30 November 2012
Indian Judiciary ki jai ho
SSng Aulakh
(Querist) 30 November 2012
Suit Expedited in the year of 2007 will take more couple of years.
SSng Aulakh
(Querist) 30 November 2012
Let Learned sincere clean and hardworking law experts suggest suitable remedy.
I do not believe that Indian judiciary is so weak and unjust.
ajay sethi
(Expert) 30 November 2012
since you are a senior citizen make application to the high court for expediting hearing and final disposal of suit
SSng Aulakh
(Querist) 30 November 2012
My Sincere thanks Sir,
do we have any superior classification more powerful to Expedited matter for early hearing of a matter
yhanks for your advise sir
Raj Kumar Makkad
(Expert) 01 December 2012
Sardar Sahab! The problem is with our society and not with judiciary. Our social norms, values and social judicial system has passed away a long back due to which everyone has become dependent over judiciary and has thus increased rush there and due to heavy pendancy of cases, the disposal has become very difficult in the present infrastructure.
SSng Aulakh
(Querist) 01 December 2012
I do not agree to your opinion. There are really needy persons victims of injustice done to them can be seen running from pillar to post
Raj Kumar Makkad
(Expert) 01 December 2012
Capt. sir! I have limitations here not to make this section of LCI as forum rather to maintain it as expert section. Even then, I am crossing my limit just to continue discussion with you. Sir! You have every right to be disagree with me but Sir Can I ask you a simple question: Whether about 10 years ago, had you heard the disputes of husband and wife in Courts so frequently? Had you heard the disputes of brothers in Courts so frequently? Had you heard other minor disputes so frequently as we see on today.
No doubt infrastructure should be provided by State including the no. of judges and courts but you should keep in mind that as on day more than 3 crore 20 lakh cases are pending in India and if no fresh case is filed then the pendancy of the cases shall take a time of more than 85 years to decide those cases so we should not exonerate the society from its role in this pendancy.
