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
Asked 3 years 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 .
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.
Thankyou sir for the reply.
The nature of the case:
I have been married at the age of 28 years and have got two kids ,but unfortunately my wife expired.
So I have married again at the age of 42 years and we had a girl child.After that there were lot of issues created in the family by my second wife then I have given divorce to her at my age of 44 years.At the time of divorce my second wife has agreed to 1 lakh rupees during 1999 and also asked to keep the child with her and demanded 50,000 rupees for the kid for her growth marriage and study fees in the year 1999.
I have paid all the amount and got divorce through the court.
Now after 18 years from when the divorce was granted the girl child has filed a suit against me claiming false statements that she is the only child and want the share of property.
For which I have adopted a lawyer and case has been dismissed in favour of me in the court of Prinicipal Senior civil Judge.Then she went for an appeal .There is no order passed in the appeal as far as I know
In the mean time the senior civil judge has been transffered and the post is kept vacant
when ever i ask my lawyer he says new judge has to come to look into the appeal
I am in a confused situation .I have been waiting for 2.5 years
Please guide me /or provide me an alternative to get my issue resolved
let me know if you have any more questions
Asked 3 years ago
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
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.
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.
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.
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.
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.
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.
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.