• Senior citizen priority in case disposal

Hi Respected Sir ,
A  case/suite  has been filed in senior civil courts in our district of Telagana  state against me stating false statements for which I have appointed a lawyer and the case has been dismissed.But the opposition party went for an appeal,after this the senior civil judge has been transferred and the post of senior civil judge is vacant from 2.5 years ,the court has been giving dates for every 3 months   post poning the case .
I am literally tired of waiting and my lawyer says to keep waiting untill next Senior civil judge comes into the position.
Is there a need to change my lawyer ?who can get me out of this situation  with an alternative .Please help .
 
Please provide a suggestion how to deal with this situation.
I kindly,honestly request for your help 
 
Kind Regards
Aj
Asked 1 year ago in Civil Law from Australia
1) litigation is long drawn process . 

2) you have succeeded before civil court . appeals some times take around 10 years to be disposed of due to huge backlog of cases 

3) you dont need to change your lawyer . 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. What is the nature of the case which was filed against you and which on loss has been appealed? Has any order been passed in the appeal?

2. What does the transfer of senior civil judge have to do with your case? The case was filed in the court of Senior Civil Judge, but it was dismissed. Thereafter, the party went in for an appeal which cannot be dealt with by the Senior Civil Judge. The appeal can be dealt with only by the higher court. 
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
1) daughter has no right in self acquired property of father during his lifetime 

2)you are free to bequeath your property to whom sover you please . 

3) since no reliefs have been granted to your  daughter let the appeal be disposed of in normal course 

4) you have nothing to worry about 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
1. The Principal Senior Civil Judge ruled in your favour. The appeal can be filed in only a higher court which has to be the High Court in your case. You cannot file an appeal in the court which has given the judgment. It can be filed only in a court which is in judicial hierarchy higher to the court which delivered the judgment. So it is beyond my legal comprehension as to how the transfer of  Senior Civil Judge is of any significance to your case. 

2. There is more than one judge in the appeals court at all times. I am sure there is some link missing in your facts.
Ashish Davessar
Advocate, Jaipur
18061 Answers
447 Consultations
5.0 on 5.0
Hi,
 Your case was dismissed or decided in your favour? Be clear about it by going through the certified order copy which you can ask your lawyer to provide you. If it was dismissed which I don't think so, then your daughter can not go in appeal for the same matter on same grounds. If it was decided in your favour and she has challenged the order, it must be in higher court than the previous one. Get a copy of the W.S (written statement) filed by your lawyer. Nowadays you can check status of your court matter online too. You can change your lawyer anytime you feel like it, just take 'no objection certificate' from the previous one and file a vakalatnama of the new lawyer. Always ask for the copy of documents submitted by your lawyer.
Rajni Sinha
Advocate, Mumbai
273 Answers
25 Consultations
4.8 on 5.0
Hi, if the Court is Vacant then no lawyer will not help you in this regard because there is lot of vacancies in the judiciary which is not filled up so you have to wait until new judge will come you have no other way or else file a Writ petition before the Hon'ble High Court ask for early disposal of the appeal which will help you little bit.
Pradeep Bharathipura
Advocate, Bangalore
4104 Answers
133 Consultations
4.3 on 5.0
No need to change your lawyer, file a Revision Petition in High Court under Article 227 of the Indian Constitution for direction to the lower court for speedy disposal of the suit.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
1. Your lawyer is right. You shall have to wait till the next Senior civil judge comes who will hear your appeal,

2. You need a judge to hear the matter and in our Country there is a shortage of Judges,

3. There is no need to change your lawyer,

4. Moreover, it is an appleal against the order which has gone in your favour filed by th opposite side who should be impatient about the delay.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
1. During your lifetime, non of your children can claim any share on your property,

2. The petition of your said daughter has no leg to stand,

3. You shall have to wait till the nw hudge comes to hear the case. 
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
5.0 on 5.0
Your facts are not clear. If the case was dismissed by the Senior Civil Judge, an appeal cannot lie in the same court. It must either be filed befre the District and Sessions Judge or before the High Court. there seems to be some mistake in your facts. Kindly be clear in your factual position to get the best advice.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0

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