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Siddiq123   11 August 2023

Challenge to leave under section 92 cpc time period

My father was granted leave to represent a public trust belonging to his now deceased friend under sec 92 cpc on 7/2017 and was the said leave of court was challenged through an i.a filed in the same lower court in 3/2021. Can we not challenge the said i.a citing "unreasonable delay"  and are there any judgements support the same ? 

The same lower court had granted a "status quo"dated 11/2021 but was cancelled by the high court stating that the status quo was granted without dealing with the i.a challenging the leave of court 

Can  "status quo" be granted without dealing with the said i.a ? 


 6 Replies

P. Venu (Advocate)     11 August 2023

The posting suggests deeper issues. Please post complete facts. How has the matter reached the High Court? have you filed objection to the IA?

T. Kalaiselvan, Advocate (Advocate)     11 August 2023

The contents  posted do not reveal any details or  substance against which you are seeking an opinion from this forum.

What is the case for?

In what capacity did your father obrtain leave to represent

What is the IA for and what was the court order in the said IA. 

You can revert with more details.

Siddiq123   12 August 2023

The other party who claimed possession of the land via a falsified oral gift  filed a cma with the high court ask for rejection of status quo granted 

On what grounds can I file an objection to to the i.a ? 

Much appreciated thanks 

Dr. J C Vashista (Advocate and Legal Consultant)     12 August 2023

The case file is required to be perused for forming proper opinion and oblige..

Show the case file to some local prudent lawyer for appreciation of facts/ documents, professional advise and necessary proceeding as the case is prima facie complicated.

P. Venu (Advocate)     12 August 2023

You are yet to post material facts. It is impossible to respond to rriddles.

Siddiq123   12 August 2023

The said case is regarding a  immovable propery  being gifted to the public charitable trust vide a registered sale deed but the other party claims. That before the doner had gifted her property to the trust she had given "a oral hiba" unregistered in their favor and got into a devolpment agreement for the same 

My father was the friend of the deceased doner and was given leave under sec 92a 

The i.a was filed in 2021 asking to revoke the leave granted to us in 2017 ..they then approached the high court via a cma challenging the lower courts order as the status quo was passed without defining the present state of schedule of property

My question was if we can object to his very i.a  filed by the other party which was to revoke the leave of court granted to us 4 years back , is an "unreasonable delay in filing telhe i.a a valid reason " if so what will be the implications and it's effect on the said proceedings

Any other help would be much appreciated

Hope I was able to give you a better context 

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