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Mohamed Ali (employee)     16 January 2009

Interlocutary application purposely unheard..


  My Interlocutary  is pending from past 1 year to be exact January 10th 2008,

 Our suit is a sunni hanafi family partition suit, In this case there are 11 decree holders who all died,after decree.


  Some LR's one of the decree holder who are not entitle for share are brought on record while filing for final decree petition, for which we have objected in the still pending final decree procedding to delete these LR's on record who are not entitle for share as per Mohameddan law of inheritance,

It is since one year our application is pending , even our advocate raised several times in open court to hear on our objection but the judge under some influence is not considering the objection and telling she/he will take up the issue at end, or she is purposely deaf ear to our application,
Our advocate says we cannot move to high court or by pass this court without getting an order from this lower court, but as i said the judge is not willing to hear on the Interlocutary application, We are irritated s we are not able to get any order on application form past 1 year, Sir How can we proceed now we just donot believe in this judge who is deaf ear to our application.

How can we proceed what are remedies and alternate paths for us.



Learning

 5 Replies

Ajay kumar singh (Advocate)     16 January 2009

Not disposing of the petition amounts to its rejection. You may certainly move to the High Court.

PALNITKAR V.V. (Lawyer)     16 January 2009

You can also make transfer application for transfer of the matter to some other court.

sanjay singh thakur (advocate)     25 January 2009

Dear Mohamad Ali


     You better move to High Court.

M. PIRAVI PERUMAL (Advocate & Consumer Rights)     11 March 2009

You can approach the High Court.

Swami Sadashiva Brahmendra Sar (Nil)     12 March 2009

you can seek mandamus from the High court. it can direct the lower court to decide the application expeditiously.


 


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