Writ Petition
Thyagarajan
(Querist) 04 August 2011
This query is : Resolved
Dear Members
I had filed a miscellaneous writ petition along with writ petition under 226 of the constitution; they were found maintainable and got listed for admission. The petition was admitted and notice was served to the respondent to appear. Will the interim relief prayed in miscellaneous petition be decided first pending disposal of main petition? Is respondent’s presence needed for deciding misc. petition?
ajay sethi
(Expert) 04 August 2011
1) interim reliefs are granted pending hearing and final disposal of petition .
2) final hearing of petition takes time
3)if respondent has been served and affidavit of service filed by you even if he does not appear court may hear petition in his absence
Thyagarajan
(Querist) 05 August 2011
My query was more to get a clarification whether the Court could have gone to decide on interim relief prayed for in misc.petition before sending notice to opposite party. The event of opposite parties not appearing is ruled out because the judge has advised the standing councilor for the opposite party, namely the local authority to be served in his chambers and not to the local party by post. Regards to members for prompt reply
prabhakar singh
(Expert) 05 August 2011
Will the interim relief prayed in miscellaneous petition be decided first pending disposal of main petition?
Is respondent’s presence needed for deciding misc. petition?
Answer to both questions are in affirmative.
M/s. Y-not legal services
(Expert) 05 August 2011
For such cases interim order can be granted at the time of admission itself. Some times its can be decided after heard both side.
Thyagarajan
(Querist) 08 August 2011
Dear members
During admission hearing when the case was called by bench clerk and I stood before him and said I am applicant , the response from judge was ‘send notice to opposite party’. Does that mean he had had a look at my affidavit earlier and found it justifiable to send notice or he had acted on the passing of my petition by the court writ examiner after checking maintainability?
