Withdrawal of slp from supreme court (ancestral property)
Querist :
Anonymous
(Querist) 20 August 2021
This query is : Resolved
This case has been going on for past 45+ years, at every stage there has been appeal. My Grandfather mortgaged a property to his friend in exchange for a loan, which is currently occupied by my uncle and his family. The main dispute is whether Simple Interest is to be paid or Compound Interest on the loan. The SCI made an interim order in 2019 telling us to pay a big amount to them and the issue of Simple/Compound will be decided later. Now, my uncle didn't have the cash so my dad paid it out of his own savings and the other party got it released from the court. The SCI lawyer was arranged by uncle on his own and he is the one in touch with him.
Later, my dad passed away and now when I asked uncle for the repayment, he straightaway refused. He says we also don't have any stake in the house. My question is whether my mom can withdraw the SLP directly through written letter as the Advocate is not ready to listen to us, and request the SCI to instruct the OP to refund the amount as it was paid from her account, citing urgent need for my marriage and younger brothers higher education expenses? She will declare that she has no objection to the consequences for the property.
Is it possible that the SCI will dismiss the application on grounds like wastage of the court's time or any other grounds? Is there any other application to be filed before doing this?
K Rajasekharan
(Expert) 20 August 2021
The query does not have enough details.
The SLP can be withdrawn only by the appellant, that too with the permission of the court. No body else has a stake in it.
Since you have an advocate, he alone can move the court with an application. Your Mom cannot write a letter to the court as if you write to an administrative department since there are some strict procedural rules for anything to be done in the court.
If the appellant approaches the court for permission to withdraw, there is every possibility for the court to ask the appellant to pay considerable amount as cost, since the case has occupied the judiciary, having a backlog 30 million pending cases, for more than four decades.
Dr J C Vashista
(Expert) 21 August 2021
SLP can be withdrawn by the appellant any time, seeking permission of the apex court.
It is better to consult the lawyer engaged / paid by you who is well aware about the facts and circumstances of the case and an intelligent, able and competent person to satisfy your questions.
Querist :
Anonymous
(Querist) 21 August 2021
Thank you Mr. K. Rajasekharan and Dr. J C Vashishta for your valuable inputs. I apologise for not informing the details about the appellants. The original case was in name of my Grandmother and subsequently, my dad and his siblings became the appellants after her death and now after his death, my mom, myself and brother are the appellants (as dad's LRs) along with my uncle and two aunts.
The lawyer was engaged by my uncle and he has not answering our queries because uncle has told him. My uncle is the sole occupier of the property but the money has been paid fully out of my mom's account. Please clarify if my mom as an appellant can withdraw the SLP and the funds directly citing urgent financial needs as those who are occupying the property have refused to reimburse anything to us.
K Rajasekharan
(Expert) 21 August 2021
Your Mother can definitely file an application for permission to withdraw the appeal, citing your handicap due to her late coming in the scene and the uncertain continuation of the case without an end when you are reeling with some consequential problems.
SLP altogether is a discretionary matter and the court can decide anything and many a time it goes beyond out expectation. But it seems the court will lend an ear to your pathetic situation and allow you to withdraw your case.
It seems you need a different advocate for the purpose as your advocate is not the one who safeguards your interests.
That matter itself is a professionally unethical one. The advocate is a middle man between the court and the party. He should not keep mum when the party for whom he appears needs some advice.
All the best.
Querist :
Anonymous
(Querist) 21 August 2021
Thank you again for the prompt reply Mr. K. Rajasekharan sir. Highly appreciate it.
R.K Nanda
(Expert) 21 August 2021
Query too long to reply.
R.K Nanda
(Expert) 21 August 2021
Better contact your lawyer.
P. Venu
(Expert) 22 August 2021
The facts posted are less than factual and disjointed. All that could be stated that the issue between your father and uncle forms a separate cause for action. So also, the interim direction having been issued, the matter is no longer as SLP but a Civil Appeal.
