Writ petition
Pradeep
(Querist) 02 January 2015
This query is : Resolved
Respected Sir,
I have filed Application for Probate of Will of my father in 2009. Till now issues have not been framed. We want to file writ petition in high court for the speedy disposal of the case. What judgement is given for writ petition in the high court. Is filin g of writ petition useful for speedy disposal? How much is writ petition useful and in what way is it useful in the speedy disposal of the Probate Application?
Sailesh Kumar Shah
(Expert) 02 January 2015
there is no need for any judgement. just pray in writ petition for expedite disposal of the case.
Advocate M.Bhadra
(Expert) 02 January 2015
There are several judgment,please read the brief of a judgment :----
Kolkata High Court (Appellete Side)
Kumar Nag vs General Manager (Pj) on 17 February, 2011
Author: Syamal Kanti Chakrabarti
C. O. 707 of 2010
17.2.2011
Sl.29 Mr. Indranath Mukherjee
--- for the petitioners.
Mr. Saptangsu Basu Ms. Debasree Dhamali
---for the opposite party no.2(d) Mr. Ayan Banerjee
--- for the opposite party no.2.
"After disposal of the application the learned court below is also directed to dispose of the main Probate petition within four months from the date of disposal of the application under order 22 rule 3 CPC without granting unnecessary adjournments to the parties."
Devajyoti Barman
(Expert) 03 January 2015
The order for speedy disposal is passed by the high court if the suit is pending for lng. The high court at calcutta is very liberal while passing such orders and it is done vide an application under Article 227 of the constitution and not under Article 226.
ajay sethi
(Expert) 03 January 2015
you have to make out a ground for urgency as to why your probate petition should be expedited . there are number of cases pending in court .
Rajendra K Goyal
(Expert) 03 January 2015
Approach HC with a writ as advised by the experts.
Dr J C Vashista
(Expert) 03 January 2015
I agree with experts advise, file writ of mandamus under Article 227 of the Constitution of India directing the lower court for early disposal.
T. Kalaiselvan, Advocate
(Expert) 05 January 2015
You may proceed with a writ before high court seeking speedy disposal by the trial court as advised by experts.
