Writ Petition
suhas digambar kharadkar
(Querist) 29 April 2010
This query is : Resolved
We have filed writ petition in Mumbai High Court against an order passed by Sr Divn Court in Pune. The petition in high court is due for admission on 09.06.10. However in the lower court/ sr divn court in Pune the defendents are pressurising and asking the court to fix a date and give order on interim injunction (nishani 5) .The date fixed is 03.05.10. we are arguing that since the writ petition is filed in high court the lower court should stay the proceedings or wait for some time. Whether we can pray to the lower court that since the writ petition is filed in high court please give us adjuranment of date or stay the proceedings. Is there any provision in the act on this subject. Or any decided case law or judgement on the subject matter.
Kindly guide us urgently Since the date fixed by lower court is 03.05.10
Raj Kumar Makkad
(Expert) 29 April 2010
If appellate court has not provided stay order against the proceeding of lower court then lower court suo-motto cannot stay its proceedings merely on the ground that a writ has been filed before HC and it is to be heard there.
You may try to convince the court to at least wait till 09.06.2010 but this is not your legal right.
adv. rajeev ( rajoo )
(Expert) 05 May 2010
mere filing of writ petition does not operate as stay. You can urge it before the high court to stay the proceedings of the lower court till the disposal of the WP.
You file an application before the lower court stating that WP is filed so grant the time for hearing.
