What to do if high court judge doesn't pass order ?

ks (Querist) 06 February 2020 This query is : Resolved
Dear Experts,

In a matter of Child custody case (challenge of Interim order of Family court), pleading is already over in High Court of Gujarat and matter is reserved for order 6 months back. Now Judge is not passing any order, then what can be done ?

We had already approached court master and he is saying that Court is aware of your matter. We are afraid of that filing an application before Chief Justice (for rehearing in case needed) may adversely affect our Judgemet.

Pls advise.

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If a High Court judge has reserved an order for an extended period, such as six months in a child custody case, there are limited options. While approaching the court master or filing an application for early hearing might be considered, local lawyers often advise patience. Some suggest escalating the matter to the Chief Justice administratively or, in extreme cases, exploring a writ petition in the Supreme Court, though this is generally advised against due to potential delays.

Raj Kumar Makkad (Expert) 07 February 2020
Nothing can be done in the given facts. You may maximum move to Chief Justice of High Court and apprise him the situation. Even manual prayer can be made on administrative side.

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Dr J C Vashista (Expert) 07 February 2020
What is the advise of the lawyer engaged/ paid by you, who is well aware about facts/ circumstances of the case ? Proceed accordingly.
You may apply to the Court for early hearing of the case.

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R.K Nanda (Expert) 07 February 2020
File application in the same court u/s 151 cpc and pray to court to pass order at the earliest.

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ks (Querist) 28 February 2020
Dear Experts,

I submitted Civil Application to take the matter on Board. But that is also not being entertained and not taken on board. Local Lawyers say nothing can be done but to wait and watch.

Please guide me in following matters :

1) Can there be any writ petition in Supreme Court to direct them to pass order ?

2) If so, under which writ petition / under which article ?

3) Whom to make party in writ petition ?

Raj Kumar Makkad (Expert) 28 February 2020
It is advised to wait instead of moving to Supreme Court for the direction to the High Court to pronounce its reserved verdict. Sooner or later, the order is going to be announced whereas Supreme Court process may take more time and energy.

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