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
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?
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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
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.
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.
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.
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
Dates getting shifted/jumped for 4 to 6 months is it normal or is this only in my case??
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
This is normal course in courts, sometimes this happens when parties files the appeal and less interested in hearing and keep linger.
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.
Sir such longer dates are not given generally you should check with the advocate what is the actual issue.
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.
There are no possibilities to gt an earlier date until and unless your advocate uses his influence inside court or with the judges.