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Sanjay Jack Barde (Performer)     01 January 2015

Expedition of suit of eviction filed by very senior citizen

New Year's greetings to all!

I request the experts to kindly advice me on any methods of expediting a suit of eviction filed by my father who is a very senior citizen (88 years old) and is suffering from serious health problems. 

Our case in a nutshell - 

My father, a retired doctor (GP), owns a commercial shop where he used to practice medicine. Owing to ill health and advanced age, and with no other means of income or investments, he was compelled to give the shop on Leave & Licence. The last licensee occupied the shop for 2 years (part of a 3 year agreement). At the end of 2 years, he first sent us a letter stating that he would like to terminate the agreement (which we agreed to). Then surprisingly, he sent us a legal notice stating that he would not vacate unless we paid him 9 lakhs towards some losses that he claims to have incurred. He has occupied the shop since July 2013 without paying the monthly licence fees. 

Our lawyer has filed a suit if eviction in August 2013 (small causes court, Pune), but there has been absolutely no progress as every hearing is either adjourned or deferred to a future date. The only status of the case on the court website is 'unready board'. 

My questions are as follows - 

1. Based on my father's highly advanced age, ill health and lack of any other income, can we appeal to some higher authority for the case to be expedited (fast tracked). 

2. Is there a way to appeal to the chief justice or the panel of judicial officers in Mumbai? 

3. How do we convince the presiding judge of the urgency of the case? At the rate at which it is progressing, my father may not live to see the outcome of the case.

4. Is there any way to get the court to pass an order immediately directing the licencee to deposit the monthly payments with immediate effect? 

Any advice, addresses where to make appeals or contacts of any senior lawyers who can take up this cause with full zeal and commitment would be most appreciated. 

Thanks in advance

Regards

Sanjay



Learning

 2 Replies

Manas (Teaching)     19 October 2015

Sanjay Ji, even I have the same query but its real shocking to see that this post got no response at all.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     19 October 2015

Complaints will not help form a local association of litigants.

 

हाथ से हाथ मिलाओ सिस्टम मे पारदर्शक गति लाओ


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