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Anila Shankar (teacher)     07 October 2021

Appeals suit ia pending

My uncle's land is occupied by a distant relative illegally. So, he filed a Original Suit in the court of law to get his land back. The case ran for a few years. There were two intermittent judgments in favour of my uncle, and a final judgment again in favour of him. My uncle filed a Execution Petition. Immediately, this other party filed an Appeals Suit.

My uncle's advocate claims that the petitioner side argument has not yet happened. However, In the online case status page, there is an entry on a particular date which says, "IA <xx/yy> BOTH COUNSELS PRESENT. PETITIONER SIDE ARGUMENTS HEARD. AT REQUEST FOR RESPONDENT SIDE ARGUMENTS. CALL ON <Date>"

The advocate says, this is just a formal entry with respect to the IA and the "Real argument" which is about the "Original suit" is yet to happen and the other party being the petitioner is the one who has to initiate it. Only after his representation, we will need to go for argument. However, in the later entries in the online case status, we see, "FOR RESPONDENT SIDE ARGUMENTS. CALL ON <Date>" and in the subsequent entries, "IA xx/yy NO REPRESENTATION FOR RESPONDENT SIDE ARGUMENTS. CALL ON <Date>"

The advocate still claims--they never called our case number and we cannot argue before the other party does his argument. 

We are unable to understand anything. Can someone explain these?

 



 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 October 2021

The petitioner is the party that files a petition to appeal a court's decision. The respondent is the party who must respond to that petition. Respondents can be plaintiffs or defendants in a lawsuit depending on who files the petition to appeal.

Anila Shankar (teacher)     07 October 2021

Thank you, I guess I understand that. What baffles us is the entries in the online court case status. It says, petitioner side argument heard. At request for respondent side arguments. But my uncle's advocate says, it hasn't happened. Also, that they have been present in the court on the every hearing date. However, the online status says twice -- no representation on respondent side arguments.

Also on a side note, I have an another question--If the respondent side didn't appear in court for three times, will the case be decided in favour of the petitioner? Even if the documents are all in favour of the respondent?

P. Venu (Advocate)     03 November 2021

It appears your advocate is less than professional. You need to crosscheck the present position of the case.


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