How to expedite the delay proceeding by High Court

After High Court Judgement( 2003 ), I purchased a small plot with Bank loan in Bangalore started construction of the house( 2004 ). The High Court Judge, in his final Order, mentioned that “This dismissal does not stop litigant to prove his title.” Basing on this, again loser (let’s say A ) started the new case in the lower court, now after 15 yrs, I don’t see any end for this. I am staying in the house without any disturbance, but the case is continuing endlessly. During the initial process of trial, another party (let’s say B ) also involved…

by Shivendra Pratap Singh | Mar 14, 2020 | Civil Matters

After High Court Judgement( 2003 ), I purchased a small plot with Bank loan in Bangalore started construction of the house( 2004 ). The High Court Judge, in his final Order, mentioned that “This dismissal does not stop litigant to prove his title.” Basing on this, again loser (let’s say A ) started the new case in the lower court, now after 15 yrs, I don’t see any end for this.

I am staying in the house without any disturbance, but the case is continuing endlessly. During the initial process of trial, another party (let’s say B ) also involved and we managed to club both cases to cut short of time. Now, ‘A’ again made an application with HC ( 2014 ) saying that clubbing is not correct since, the properties are different, which is not correct.

Now HC put the case into B group and not giving any orders on clubbing and asked the lower court to halt proceedings till then. The litigants are happily passing the time and case hardly comes once in months in all this 6 yrs. Our lawyer says, not to worry, the house is in my possession. My evidence and cross-examination were over in 2010.

Question: How to take this case forward and close it early? Can lower court rewrite HC judgement? Why the HC not bothered about earlier Judgement? Is it my mistake that I bought a property after High Court Judgement?

Your case has reached an important stage because your evidence and cross-examination have finished. Now the court will appreciate the evidence and statements of the parties. After that, the court will deliver the Judgement as early as possible. Fifteen years is a very long time to accomplice a civil suit. 

The direction of the High Court

You should file a petition before the high court under Article 227 of the Constitution of India for issue a direction to expedite the hearing of the civil suit. The High Court has passed a direction instead of adjudicating your rights. Therefore the Lower court cannot rewrite the Judgement.

You have possession over the property. Therefore, your right is protected. So a direction to expedite the hearing of civil suit will serve your purpose. The cause of action has changed; thus, High Court I will not interfere in the pending civil suit. You have not committed any mistake in purchasing the plot after the Judgement of the High Court. It was your right, and you have exercised it in due course of law.

Author's Profile

Tags: civil suit

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Consult Online

Related Matters

Bank refused to obey the order of Lok Adalat

Mar 9, 2025 |

This legal guidance explains the remedies available when a bank fails to comply with a compromise order passed by the Lok Adalat despite receiving the settled amount. It discusses enforcement of the award, execution proceedings, contempt-related remedies, and the legal course available against arbitrary action of the bank.

Subsequent proceedings in arbitration matter

Feb 7, 2025 |

This legal guidance explains the legal consequences and subsequent proceedings arising after an arbitration award or order in an arbitration matter. It discusses enforcement of the award, challenge proceedings under Section 34 of the Arbitration and Conciliation Act, execution remedies, limitation periods, and the jurisdiction of courts in post-award disputes.

Civil court dismissed suit for want of jurisdiction

Jan 11, 2025 |

This legal guidance explains the remedies available when a civil court dismisses a suit on the ground of lack of jurisdiction. It discusses return of plaint under the Civil Procedure Code, refiling before the competent court, limitation protection, and the legal consequences arising from adjudication by a court lacking jurisdiction.

Admission in NRI quota can be changed afterwards

Dec 25, 2024 |

This legal guidance explains whether admission obtained under the NRI quota can subsequently be altered, cancelled, or converted to another category. It discusses eligibility conditions, consequences of misrepresentation, university regulations, refund issues, and the legal remedies available against arbitrary cancellation or change of admission status.

Claim related to motor accident in consumer forum

Dec 2, 2024 |

This article discusses whether a claim arising out of a motor accident can be pursued before a Consumer Forum in addition to or instead of proceedings before the Motor Accident Claims Tribunal (MACT). It examines the maintainability of such claims under consumer protection law, the liability of insurance companies, and the distinction between deficiency in service and statutory compensation under the Motor Vehicles Act.