Krishna 04 December 2025

What to do if case is listed to open despite a stay

My landlord filed a case against me as a Land Grabber to evict me so I hired a High court lawyer with lots of documents including a legal notice from my landlord plus Land Grabbing committee’s report that clearly states that I am a Tenant & not vacating.

So I hired a High of Gujarat lawyer & High Court has gave a stay in March 2025 & case was adjourned from March 2025 to October 2025 in district court on each court date.

In October we had a New high court date & a New High Court judge & he ruled “ Interim relief granted earlier to continue till further orders “ & on next date a new district court judge asked me the status of high court & I asked my High court lawyer & he said we have a new judge & tell district court new judge “ Notice returnable & adjourned. “

He did not tell me in October when we had High court date that new High court judge had ruled “ Interim relief granted earlier to continue till further orders “ So in November my case in district court was moved to 4th addl judge & he has given an order to“ OPENING UP OF CASE BY PROCECUTION “ in January 2026. So I was shocked.

So I did a lot of research & found that my High court lawyer should immediately file an application in High Court but he has refused to do so & told me that when in January I get a date in district court to ask my local lawyer to file an application with both Stay orders. I already have a date in January which says to open up the case by Procecution. By the way my High court lawyer has taken an entire case Fee lot earlier.

Kindly advise me as to what should I do ? Time is running out.

Thank You.

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5 Replies

T. Kalaiselvan, Advocate (Advocate) 04 December 2025

Are you worried about the fees or case?

On the next date of hearing you may better pass the same instructions as advised by high court lawyer and file a memo intimating the subsisting stay order, the trial court, on the basis of existing stay order will not proceed with the trial proceedings.

Krishna 04 December 2025

Respected Advocate T. Kalaiselvan.

I really appreciate that you took time to reply to my post & yes I am more worried about my case.

My concern is that after spending 3 days to find out more about this kind of situation, I got very similar replies to my query worded in many different ways on net & got same replies that both High court & District court lawyers have to take action & when my High court lawyer refused to do anything, I resorted to real lawyers like you.

I even told him that " I know there will be an extra charge on your part." but please start the process. I am also Highly educated in my field & understand the cost. Only my question is that if this is the standard practice in legal Profession & if High Court lawyer should take action in a very serious case when there is a time constraint & a small mistake would cost you in years & not in Rupees.

Many thanks & you would be rewarded by Lord if not by people.

P. Venu (Advocate) 04 December 2025

Facts posted suggest that you are trying to be wiser than your lawyer?

Which are the respective case numbers? Which Court/High Court?

Dr. J C Vashista (Advocate ) 06 December 2025

How can same case on the same cause of action be adjudicated by High Court as well as District Court ?

Land Grabbing by a tenant is unheard / unbelievable statement, be clear.

If you are not satisfied with the performance of your lawyer you may replace him / her immediately.

Krishna 07 December 2025

Respected Dr. J C Vashista (Advocate ),

To evict a Tenant, Landlords in Gujarat are resorting to Gujarat's New 2020 Land Grabbing Act & there are hundreds of such cases in high court trying to squash FIR's filed by Landlords.

Landlords file a Frvolous FIR in police and police grabs the tenant without a warrant and throw them in Jail & tenannt faces irreparable harm in terms of his reputation as well as emotional & financial calamities.

Sir I have a great respect for you being a Dr. & Practicing law.

Kindly surch the 2020 Gujarat land grabbing law & hundres if not thousands of such cases some of which are printed by "Times of India " one was in 2023-2024.

Gujarat Bar Council objected this 2020 Land Grabbing act in supreme court & Lost.

You know the absurdity of this law ? The burden of proof is on defendent. Landlord just files a one page FIR & Tenant spends years proving his innocene.

And if you lose the sentence is minimum 10 Years & Max 14 years.

I could not find such a law in any country on earth.

I have been fighting for last two years & had to apply for squashing the FIR & did get the Stay twice but my High Court lawyer did not inform me of second stay & now case is listed for hearing in session court & that is why I need advice from experts like you many more on this forum.

I hope I shed some lights on my post.

Please advice.

Thank You & May God Bless you.