• Matter under Maharashtra Rent Control Act. 1999

X has filled Writ Petition against Y in Aug 2016 challenging the judgment of Appellate Bench of the Small Causes Court at Bandra. 

WP is not yet admitted it is on pre-admission stage, as almost one year time was granted to X to remove office objection, thereafter dates gets shifted/jumped for almost 4 to 6 months since March 2017.
 
Matter was on the board for admission in 2nd Week of April 2018. Due to paucity of time the matter adjourned for 2nd week of June 2018. Now it is jumped to 2nd week of December 2018.

Is there any way/procedure for Y to get earlier date and to move the writ?
Asked 4 years ago in Property Law
Religion: Hindu

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15 Answers

1) you have to make out a case for early hearing of the writ petition

2) have the papers produced before the bench hearing the writ and seek early date

Ajay Sethi
Advocate, Mumbai
87912 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Order is in your favor, no stay from High Court neither appeal admitted.

What are you waiting for, it`s X look out, to get matter list and heard.

file execution of order.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

This is my response to you:

1. Y or his legal represenatative can mention before the court and the matter to be heard at the earliest;

2. Y can also file an application before the court for expediting the process;

3. Once Y or his legal representative mentions the urgency of the matter to be disposed of then once can get a favourable early date.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

A writ petition can be expedited but specific reasons have to provided for. Now if you want that the writ petition be heard then file an application for expeditious hearing. The judge will listen to the arguments and can grant leave that the petition be listed in July August if the lawyer is able to convince the court.

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

1. if there is any urgency in the matter you can mention the matter out of turn by filing a precipe to the court

2. mentions the reasons of urgency and why you want the matter to be listed on board sooner

3. court will grant a sooner date

4. prior to mentioning the matter to court, do intimate the other side that you will be mentioning the matter by filing a precipe requesting for a sooner date and that other side should remain present on the mentioning date

5. on mentioning day, just submit your precipe and proof of delivery of intimation to other side, to the court and explain the court why you want the matter to be listed sooner

6. if court finds that your request is reasonable, it will grant you an earlier date

Yusuf Rampurawala
Advocate, Mumbai
6880 Answers
79 Consultations

5.0 on 5.0

You have not been discriminated against

You get dates after 6 months or so

Ajay Sethi
Advocate, Mumbai
87912 Answers
6207 Consultations

5.0 on 5.0

hello,

usually, when the backlog is greater, the cases are listed as per their urgency. various other factors like senior citizen cases, cases expedited by the SC and expedited by the HC also take precedence over regularly listed cases.

that is why you also need to file an application for urgent listing.

regards

Rahul Mishra
Advocate, Lucknow
13757 Answers
65 Consultations

5.0 on 5.0

File a listing application showing the urgency and get the matter listed

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

It is normal but by making a mention of the case shorter dates can be easily taken

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

This is normal course in courts, sometimes this happens when parties files the appeal and less interested in hearing and keep linger.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

File a miscellaneous application for early hearing of matter citing your difficulty. the court shall allow you application and shall fix an earlier date and prepone the matter.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Sir such longer dates are not given generally you should check with the advocate what is the actual issue.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

This is in further response to you:

1. Yes dates keep getting shifted;

2. The dates can jump to the next year time as well;

3. Therefore if you have urgency mention the matter before the court and keep it at an earlier date;

4. The lawyer has to keep track of the dates at all times.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

There are no possibilities to gt an earlier date until and unless your advocate uses his influence inside court or with the judges.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Dates getting shifted/jumped for 4 to 6 months is it normal or is this only in my case??

Yes it is normal.

There is no question of any doubt over it.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

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