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Lakshmipathy (N/A)     09 August 2012

Delay in hearing of appeal

I won my case to evict my brother who was illegally occupying my apt.in the lower court. Judgement was in my favor and my brother was also asked to pay the rent due to me from the date of my petition. My brother appealed to the high court and the case was taken on a priority basis since I am a senior citizen and ailing from several ailments like diabetes, parkinson,s disease etc. Every time the case came for hearing the lawyer for my brother has been seeking postponements on one pretext or another and several times the file mysteriously was " missing". Finally based on a complaint from my lawyer the rgistrar has ordered an enquiry and the file "reappeared". When the case was about to be posted the file was ostentatiously sent to the cahier for entry of the rental payment made by my brother to the court and the cahier is retaining the file for several days for the reason one of the rcts for the rental payment is untraceable. My lawyer has made several memos and applications but the casis yet to be listed. My question how do you force the cashier to stop playing games and present the file to the registrar office. It is pretty obvious several persons are involved in this scam. Can any one give a solution.



 2 Replies

surjit singh (Assistant)     09 August 2012

Make a detail applicaton before the Registrar of the Registry about the delay mentioning all the facts of disappearance of the file and subsequent delays. It appears that you have won the case and your brother have gone for appeal. You have not mentioned whether any stay order is passed in the appeal against the order of the lower court. If there is no stay order you should not bother about the appeal being delayed. File an execution petiton for the eviction.

File an RTI application before the Registry asking for the dates of movement of file in the different sections till date after the passing of the order.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     09 August 2012

I Endorse Mr.Singh's advice.


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