Land case appeal in supreme court

Originally posted by : rajan kumar
	Hi We have won our ancestral agriculture land case in both lower , senior courts however it is still pending in High court. We are confident that we will win in high court as well. Both judgements in lower courts are very clear in our favour. Now the petitioner is saying that he will approach the Supreme Court if he looses in high court. This is just to threaten us and waste our valuable time, in the mean time they want to blackmail us and extract money. Kindly answer below questions. 1. How to speed up the case in high court as it is more than 10 years? 2. Can the petitioner approach Supreme Court as appeal if I win in high court? 3. Is there any process in law that can stop petitioner to going to Supreme Court in this civil case if I win ? Thanks

@ rajan kumar,

Hiii,

Q 1. How to speed up the case in high court as it is more than 10 years?

Ans: You , your counsel or anyone else (including Judge) has no control over time taken in deciding the case.since there are number of factor involved in time taken such as lockdown, strike, no court sitting etc. etc.

Q 2. Can the petitioner approach Supreme Court as appeal if I win in high court?  AND

Q 3. Is there any process in law that can stop petitioner to going to Supreme Court in this civil case if I win ?

Ans: Appeal is fundamental right of litigants, no one can predict or stop. It is better if you ask him personally.qua his intensions. 
 

Q 1. What is the opinion and advise of the lawyer engaged / paid by you in lower courts and High Court, who is well aware about the facts and circumstances of the case, an able, competent and intelligent enough to satisfy your questions ?

Q 2. Why do you need obligation of experts on this platform based on limited facts posted by you except the fact it is available FREE OF COST ?

Experts can never provide opinions on hypothetical cases.

1. How to speed up the case in high court as it is more than 10 years?

The case will come up in the High Court only as per its queue.  If you are a senior citizen, then in that case, you can ask your Advocate file appropriate Application for early hearing of the matter.

2. Can the petitioner approach Supreme Court as appeal if I win in high court?

Whether the Petitioner or even you can approach the Supreme Court if the decision of the High Court in the case is not favourable.

3. Is there any process in law that can stop petitioner to going to Supreme Court in this civil case if I win ? 

It is the legal right of any aggrieved party to approach the Higher Judicial Court (in this case Supreme Court).  That right cannot be stopped.

Thank you all,

Some facts below: Ancesteral land 

Both petitoner and Respondents have passed away almost 09 years back. Now the respondent childern are senior citizen.

Note: we have submitted death certificates years back in High court. Case in court is almost 12 years for now.

Kindly provide valuable suggestions 

What applications can be filed to expedite the case 

Admittedly, the matter is pending in the High Court. There are recognised grounds on which the hearing could be expedited. It is your advocate you can provide you the best suggestion.

This, appreantly, is a second appel. What is the question of law taken up by the appellant?

Other aspects are purely hypothetical at this stage. All that could be suggested that posturing from the other side, in a court case, is better taken in the stride and ignored.

Our Lawyer says “Nothing we can do now, until it comes for hearing”.  says it takes more than 12 years for hearing.

If it comes with 12 years, say 25 years total in high court. What about how many years it takes in supreme court if the appeal has been made?