1) seek expedited hearing of appeal as mother is senior citizen
2) seek orders to direct uncles to deposit rentals in court as mother has no source of income and is staying in rented flat which uncles are enjoying the rentals
Is it possible to seize the property while it's in high court?
Hello, After the case ran for 8+ years, the preliminary decree was passed back in 2013, but mother assumed it wasn't a fair decision and decided run the case with some other lawyer (didn't listen to us). She hasn't spoken to any other lawyer for 1 and half year and the oppositions(our relative) got the chance and took the case to high court for stay which was passed, since then there's no update on the case. The oppositions are enjoying the rents and profits running businesses on our property while we're suffering in a rented house with daily wages and jobs. We tried going to them and explained our problems and asking to close the case and give our share, but they were refused very rudely and to settle it with the court. Can we not file any other case to seize the property until the final judgement or get the shares of rents(which they've been enjoying since years) from our property? If it goes this way, there is no way they'll know our pain. Please guide us, Thank you
Asked 5 years ago in Property Law
Religion: Hindu
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14 Answers
@Ajay Sethi Hello Sir, Thank you for your answer, I have a question. My mother is around 54years old. Who do we approach to seek those orders? And those deposits will start from the time we seek the orders? Or will we get the share from all passed years?
Asked 5 years ago
Hi, When the matter is pending before the High Court, you can't do anything. You have to wait till the out come of the High Court Matter.
Dear sir
First you have to get the orders of high court. After that you can apply for temporary injunction and share from the profits of that property.
Now as per supreme court any stay cannot continue for more than six months of the said order of stay without passing appropriate orders of extension of stay. You can file application to vacate the stay on ground that irreparable loss is occured to you. You can claim mesne profits for all these period from them from the profits they got from your share
Since your mother is not senior citizen she would not be entitled to expedited hearing
you can in appeal take out application that rentals be deposited in court pending hearing and final disposal of appeal
Since your own mother has been an obstacle for her own case how can you blame the opposite parties for this debacle?
If they have obtained a stay against the proceedings, you may file a petition to vacate the stay by engaging the services of another advocate in the high court and bring an end to the appeal in the high court which is pending unnecessarily because you people have not taken any step to move forward in this case before high court.
Once the case before high court is disposed, you may file an application in the trial court seeking share in the revenue from the property as an interim relief till the disposal of the main suit.
What is your mother's stand on it, she only has to decide and cooperate so that you can move forward in this case.
Your mother is the party to case hence any step to be taken should be through her only.
You first get the stay vacated in the case pending before high court, for that you may approach an advocate of high court.
Seeking a share in the revenue from the property you may have to file a petition praying for a share in the mesne profits.
@T Kalaiselvan Hello Sir, My mother realized her mistakenow and has tried asking the same question to the high court lawyer who we've hired to deal the case, but he said "there's nothing we can do now except wait for the hearing from high court. You should've filed it like that at the beginning." Should we hire a new lawyer to get them vacate and give us our share in the rents and the businesses they're running?
Asked 5 years ago
no need to change your lawyer
appeals take 10 years to be disposed of in HC
First of all you should get the stay vacated which is pending before high court since long.
If this advocate is not cooperating then get NOC from him and engage the services of new lawyer and arrange for vacating the stay and proceed further in the pending case to get the case disposed at the earliest.
After that you may file a petitions seeking share in the mesne profits of the suit schedule property.
Hello Sir, I just noticed in the high court case status IA DETAILS IA Number Filing Date Advocate Name Misc.Paper Type Status Prayer Order Date Order IA 1/2014(CCCAMP 118/2014) 05/03/2014 D MADHAVA RAO Condone Delay Petition Disposed IA PRAYER 24/11/2014 IA 2/2014(CCCAMP 547/2014) 05/03/2014 D MADHAVA RAO Stay Petition Pending IA PRAYER - I'm sorry, I thought the stay was passed, it wasn't. What can we do now?
Asked 5 years ago
wait for case to appear on board . oppose grant of stay
You can file execution of the decree passed in 2013 in the court from which the judgement given. In which you should file that other party is enjoying all the benefits from the property in dispute even after the decree.
There's no stay pending in high court hence you can very well proceed with the pending case in the trial court as per law.
The trial court cannot stop the proceedings for any reason because it's not restricted to do so by the high court.
He can still file miscellaneous application in high court for vacation of stay. If the lawyer is not co-operative you can think of hiring new lawyer
1. is this a partition suit?
2. what is your status in that? plaintiff or defendant?
3. what is the property of which you are claiming a share - whether it is ancestral or inherited?
4. who are the opponents?
5. plz give a basic background of the case dispute
