Krishna 24 November 2019

High court civil suit

Dear Sir / Madam, We are the respondents at Civil Suit at high Court. In district court we have won the partition suit (50 / 50). The opposite party has filed during July 2016 and the case was registered in December 2017. In-between Hon. Judge Called both parties and checked whether compromise is possible and referred to two senior lawyers for mediation in March 2018. Bit nothing happened after that in high Court. Neither mediation nor hearing. Meanwhile we have filed for EP in district court and the same was registered in Nov 2018 (as there is no stay till date). But on each month hearing, the same is postponed as Awaiting Reports from high Court. Kindly advice how to proceed in high Court. Since EP is for the district court judgement, why the same is also not proceeding. Kindly advice.

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3 Replies

Real Soul.... (LEGAL) 25 November 2019

It is strange that the execution court is not doing its job,may be the court is scared to proceed for its own reasons,otherwise there is no impediment or ambiguity for proceeding the execution.

You need to press the execution court meanwhile file an urgency memo in High court,may be you get chance to get some luck for brining on board the case

P. Venu (Advocate) 25 November 2019

From the facts stated, the defendants have moved the High Court in a statutory appeal. Execution is posssible only after the appeal is disposed of.

Dr J C Vashista (Advocate) 26 November 2019

What is the opinion and advise of the lawyer engaged / paid by you, well aware about the facts of the case, an able, competent and intelligent enough to guide ?

If you have lost faith in your lawyer change him/her.

It is advisable to consult another local prudent lawyer for better appreciation of facts, guidance and proceeding.