• Assistance with a case running since past 19 years

Hi,
its about a house built within a campus of another, both facing each other n separated by mere inches. My father had 4 brothers. three of them from another women than my grandmother as my grandfather had two wives despite being a hindu but a 'dabang' person and working in collectorate. My father and one more were from the first wife n the rest 3 were from the second which made them feel inferior and raged them against my dad and mom who did a love and intercast marriage (court to be specific)

Everything was fine till my dead was alive but post his murder by his brothers everything went against my mother. My so called uncles in a show-of-sympathy got my mothers signatures on some documents immediately after the murder and then filed a case stating my parents weren't even married hence had no claim on property and all and despite having a valid genuine court marriage certificate, my mother spent i guess around 10-12 years proving she was married to my dad n that he was my father. That being proved came the point of our rights which is still not anywhere close to redemption as on every hearing in lower court (ever since) the judge merely hears a 'line' of argument or anything from both party lawyers and sidelines the file for next hearing next month. Months after months n years after years have passed but nothing has happened.

My point - If its been proved that my father was married to my mother and that I am his son then why and how can my uncles still play around with court-balls like that for years keeping me and my mother away from what we deserve? Its NOT a case of property as I am willing to DONATE it all brick by brick to a beggar or any NGO (its costs somewhere around 30-40 lakhs or more as per today's property rates being in the city circle but in congested locality) but a case of SELF-RESPECT and Pride now that I have to make it end and rightfully in favor of my mom as she's right i know.

Please suggest something as whether I can go straight to any higher courts like high court or supreme court or something can be done about it rapidly keeping the cost part in mind as being a sole son and not earning yet thats a huge matter of concern for me right now and making me sulk too. Or can I keep it aside for now, say leave it and concentrate on my career and have some money then re-open the case later on someday. The thing which bothers me in leaving n reopening thing is what would happen if they and win and court passed an order against us cause knowing my uncles crookedness best I can, they won't sit idle and let us rest for sure

Thanks
Asked 2 years ago in Property Law from Allahabad, Uttar Pradesh
litigation is a time taking process ,pls keep in mind that justice will be given to you ,though it will take time and money
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
you can move High court for expediting hearing and final disposal of suit pending in trial court for last 19 years .  request nHC to direct trial court to dispose of case in 6 months
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
1) if Allahabad HC had passed directions to expedite hearing and final disposal of suit and copy of order has been lost in files your lawyer can obtain certified copy of order again and file it in lower court . 

2)your lawyer will have to draw attention of trial court to HC order . that is your only hope
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
If the Allahabad HC has already passed an order for expediting the hearing of the case then the lower court is bound to obey it as a HC order binds all the courts within the state. The order of Allahabad HC must have reached the lower court through official channels. Hence, it is not possible that it could be lost. The possibility of the opposite party playing some mischief of taking it out of the official file in active connivance with the clerical staff of the court cannot be ruled out, albeit that also could not have ousted the rights that you assumed by virtue of the HC order as the lower court judge would have noted down the order immediately on its receipt from the High Court.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
The higher courts of appeal i.e High Court and Supreme Court are always there, but they cannot be approached unless the case has been decided on merits by the lower court. As to date, the case has not been decided by the lower court. If your case is handled diligently then the outcome may well be in your favour.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
If you leave the case unattended then it will inevitably be decided in their favour, which will spell doom for your legal interests even in higher courts as the blunders committed in the lower court are incorrigible even in the higher courts. All I can suggest to you is to get hold of a good lawyer as he can turn the tide around.
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
thanks for your appreciation . you should attend all court hearings diligently . the  evidence tendered in lower court by the parties form basis of decree passed by trial court . if you don't contest case properly adverse order passed would be difficult to be set aside in appeal . 

for conducting trial don't go in for seniors . rather go in lawyer with 15 years standing or so well versed in conducting trials .
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0
Thank you for appreciating.

A law graduate, like any other professional, practices law to make a career out of it, albeit it is to be done on the touchstone of certain inseparable principles such as integrity, industry etc. It is wrong to paint all the lawyers with the same brush. If you do not have faith in the integrity and/or diligence of your counsel then take second opinion from another counsel by showing him all the requisite documents of your case, if not engage another counsel altogether. This will let you know where you stand. This is all I can suggest.

Good luck!
Ashish Davessar
Advocate, Jaipur
18049 Answers
445 Consultations
5.0 on 5.0
words of appreciation form querist is music to our  ears .it endeavors us to work hard and help in resolving legal problems faced by litigants .
Ajay Sethi
Advocate, Mumbai
23079 Answers
1212 Consultations
5.0 on 5.0

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