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Jamai Of Law (propra)     12 June 2011

Ad-interim stay of proceedings -pending disposal of TP

"Ad-interim stay of proceedings in suit -- pending the disposal of transfer petition.


Does the Dist court also has powers like HC, to stay proceedings of the suit until disposal of TP?


Suit in question: ----- Suit is prayed to be transferred from

one Addl. district court ----------->>> to ANY another addl. district court

in 'the same jurisdiction of Principle District Court'  in Maharashtra. 

(very contentious matter!!! none of the the court is vacant) with immediate effect!!

Also the stay of proceeding is sought in the same TP!! (does DC have admistrative powers to stay proceedings?)



Also ... Please let me know the difference in following especially ....

adhoc vs joint vs extra joint adhoc ... ??

Who's subordinate whom?



Principal District Judge
District Judge
Addl. District Judge
Asst. District Judge
Adhoc District Judge
Extra Joint Adhoc District Judge


Judge, Small Causes Court,
Addl.Judge,Small Causes Ct.


Civil Judge S. D.,
Joint Civil Judge S. D.,


Civil Judge J. D.
Joint Civil Judge J. D.
Extra Jt. Civil Judge J. D.


 3 Replies

Damayanti (Unemployed)     13 June 2011

I have also posted a similar query . Kindly advise.



I am also requesting for the advise in above query regarding at least initial part of it.


In my query,  I am trasferring my case from family court to Prin family court (at the same court building complex precisely and they are alled asst. district judge and not addl district judge)



I am told that addl district courts are generally spread at different physical locations within the district. 



Is there any real difference between ad-interim and interim. what is the difference?



Manikantan (junior)     17 June 2011

See under section 24 (1) of CPC on the application of any of the parties and after notice to the parties and after hearing such of them as desired to be heard, or of its own motion without such notice, the High Court or the District Court may at any stage-
(a) transfer any suit, appeal or other proceeding pending before it for trial or disposal to any Court subordinate to it and competent to try or dispose of the same, or
(b) withdraw any suit, appeal or other proceeding pending in any Court subordinate to it, and-
(i) try or dispose of the same; or
(ii) transfer the same for trial or disposal to any Court subordinate to it and competent to try or dispose of the same; or
(iii) retransfer the same for trial or disposal to the Court from which it was withdrawn.
(2) Where any suit or proceeding has been transferred or withdrawn under sub-section (1), the Court which 1[is thereafter to try or dispose of such suit or proceeding] may, subject to any special directions in the case of any order of transfer, either retry it or proceed from the point at which it was transferred or withdrawn.
2[(3) For the purposes of this section,-
(a) Courts of Additional and Assistant Judges shall be deemed to be subordinate to the District Court;
(b) "proceeding" includes a proceeding for the execution of a decree or order.]
(4) the Court trying any suit transferred or withdrawn under this section from a Court of Small Causes shall, for the purposes of such suit, be
deemed to be a Court of Small Causes.
3[(5) A suit or proceeding may be transferred under this section from a
Court which has no jurisdiction to try it.]
1. Subs, by Act No. 104 of 1976, sec. 10 for "thereafter tries such suit" (w.e.f. 1-2-1977).

2. Subs, by Act No. 104 of 1976, sec. 10 for sub-section (3) (w.e.f. 1-2-1977).

3. Ins. by Act No. 104 of 1976, sec. 10 (w.e.f. 1-2-1977).

my answer to mr jamai saab is that district judge denotes the Principal district judge having general administrative and supervisiory jurisdiction over all the subbordinate judges. all other dsitrict judges are deemed subbordinate to him for the purpose of section 24. You can ask for stay and it will be granted on the merits of your application, and usually in extreme cases of exigency or denial of justice. Usually transfer proceedings are treated as apellete proceedings and the transferee lower court would await further orders. 

as regards damayanthi, as far as family courts are concerned the appellate court is the concerned high court so please verify that you may have to move the hgh court under section 24 of cpc. an ad interim stay or order is usually granted ex-parte for a short period say 8 weeks until such time notice is served and parties appear. after appearance of aprties, couter and enquiry the order may be made absolute or cancelled. such interim order will have force untill disposal of the main OP or suit. so this is the difference. 


1 Like

Jamai Of Law (propra)     17 June 2011

thanks to Adv Mani saab

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