How to respond to SLP (Civil) in Supreme Court
We had some lands in two different villages; lets say A and B. Our ancestors decided to stay in each village and decided to have the land in the village they were living. It was simply a family settlement and the lands were not registered. lets say I'm successor from village A. The successor of village B tried to sell the lands in village A (my village) in 2010; and we filled a "Declaratory suit" in 2010 and also demanding an injunction which was granted. They moved to High court against the order. The high court in 2013 did not revoked the injunction but directed lower court to finish the case in one year. Meanwhile the judge of lower court changed (earlier one got transferred). This new judge allowed their request for "permission to sell the land". We moved to High court against this order because "Selling of Land by them" was our "Cause of Action" for filling the suit in 2010. The high court ruled in our favor setting aside the order of lower court which gave them "permission to sell the land".
Now they have filled SLP in supreme court against high court order.
Can you please Suggest me what can I do? should I respond in SC our should I wait for one or two hearing? can the SC give them permission to sell the land without intimating us?
Asked 4 years ago in Property Law from Siwan, Bihar
Have you received the notice from the Supreme Court? At which stage is the case pending in the Supreme Court right now? Once you receive the notice from the Apex Court then engage a lawyer to contest the case, till then you don't need to do anything.
court wont pass any order exparte . notice will be served to you and you will have full opportunity to argue your case on merits . wait for service of notice
Hi, if you received the notice from SC then engage the advocate in Supreme Court and contest the matter there.
We are in the possession of land since last 60-70 years. The case is just filled in the supreme court. no hearing has been done till now only case number has been allotted.
Can supreme court set aside high court order before we appear?
Can supreme court reject the case without serving us notice?
Asked 4 years ago
We have not yet received notice from SC.
Asked 4 years ago
It is discretionary power of the court we can't say any thing.......
if HC has ruled in your favour SC wont set aside order without hearing you on merits . wait for service of notice
The SC cannot set aside the HC judgment without your reply. Wait till the time you receive the official notice from the SC.
Thank you all for your reply :)
The SC has given its order and it is:
"We do not see any reason to entertain this
petition. However, we are sure that as per direction by
the High Court, Title Suit in the Court
of Subordinate Judge, would be disposed of as
expeditiously as possible.
The Special Leave Petition is dismissed."
Asked 3 years ago
now that SLP is dismissed move trial court for expedited hearing in your case
His appeal in SC has been dismissed. Now contest the case in the trial court with due diligence.