• Ancestors property - case delayed more than 2.5 years

Dear sir/mam my father has 3 siblings ( 2 are female married )... all the property is in the name of my grandfather ... now we have applied for division of property as per law ... it's been more than 2.5 years since case is filed its still going on .. court asked my father siblings to come but every month they come up with excuse and verdict getting delayed....We have sent notice multiple times through our lawyer still feels like nothing is moving...and our lawyer won't even object there absence ... 

what is the solution is this kind of case usually takes this much time ... anyway I can speed up this process ...FYI all my grandparents are passed away before 2000
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

when the legal heirs are not appearing,they will be set ex parte.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

1)partition suits take 15 years to be disposed of

2) of your father siblings have been served and dont appear in court then court can pass exparte orders in your father favour

Ajay Sethi
Advocate, Mumbai
87917 Answers
6207 Consultations

5.0 on 5.0

Hello,

You lawyer will have to object the non appearance.

And ask the court to close there opportunity of appearance in case they try to deliberately delay the process.

Also, you can file a case before the HC u/s 227 for getting the case expedited.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

In such situations, court passes ex parte order. Court do not wait for parties to appear once summons delivered. If case is not proceeding further than it`s incapability of lawyer. Better change the lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If you have filed a partition suit notice will be issued from court to them if summons is not served then your lawyer needs to take steps through substituted service. If they have appeared and not filed objection then court can proceed with evidence. Please note in Mysore court usually it takes four years for partition suit to be disposed off. The only way to speed up process is to ask your lawyer to represent in court on every hearing date and object the other party absence.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

See if they had filed there appearance then in that case there lawyer can be present in case the lawyer is not there in that case you can file an application to proceed with the matter exparte as the other party is willingly not present. Further ask your advocate to take strong objection on there absence and pray before court to impose the cost.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Amendment regarding daughter's right came into effect on 2005. So your fatger's sister wont get right in property. They will get it only if yor fatger and his brother allows.

In such case you can apply to court for fast process by sending then summons or by guving judgement in their absence as ex parte judgement.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Dear sir,

You can get time bound disposal of your case irrespective of other side cooperates with the trial court or not. Please get file a Writ petition seeking time bound disposal on the basis of following rules framed by the Karnataka High court.

================================

Karnataka Case Flow Management Rules

Similar Rules are framed by all the High Courts

the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.

It divides cases into four tracks.

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.

Disposal in 24 months:

Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

http://www.judicialreforms.in/forums/showthread.php?tid=63

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Hi

In a civil suit there are the following stages

a) After filing of Civil suit service or notice to defendant

b) After appearing in suit, defendant files written statement in his defence

c) Replication,if any, by plaintiff.

d) Rejoinder by defendant, if any

e) Consideration, if any, Stay or any Misce application and order on it.

f) Settlement of issues

g) Evidences by plaintiff

h) Cross examination by defendant

i) Evidences by Defendant

j) Cross examination by plaintiff

k) Rebuttal evidences by plaintiff

l) Arguments.

m) Order of suit.

Please ask your lawyer at which stage of the above is your case.

Courts have powers to proceed with the case in absence of the siblings after giving them adequate chance at each of the stages. So , please check with your lawyer at what stage the case is presently progressing and ask your lawyer to take appropriate remedies such as (either ex-parte, or forfeiture of cross examination or forfeiture of opportunity to provide evidence etc) and move forward in the case.

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

If your father has filed a partition suit then the proceedings of the suit is likely to be delayed inordinately.

Even an order from high court with directions for an expeditious trial may not fetch desired result owing to several factors involved in it.

You may have to have patience to handle it.

T Kalaiselvan
Advocate, Vellore
78073 Answers
1543 Consultations

5.0 on 5.0

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