The case is society versus Builder.
Hence your father even tough he is a senior citizen cannot file any such petition to expedite the trial of the pending case because he is not a party to the case.
Is a member of a society allowed to write appeal for expediting a case if they are a senior citizen?
Bombay HC (& SCI) have various rules/judgements in place allowing expediting of cases for listing if one of the appellants is a Senior Citizen. The society has multiple cases against the Builder. Once such case is Civil WP 9219/13 in Bombay HC that had an interim order in our favor in Mar 2014 which allowed us to continue functioning as a Society versus Builder's claim of Apartment complex due to his Deed of Declaration. Builder has since intruded twice saying the interim order hasn't stayed construction. Civil Court matter of 2018 hasn't been argued for temporary or permanent injunction yet! The HC case is Society vs. Builder. Does my father, a senior citizen (age 76) and member of society, have the right to have listing expedited? Or the rule for expeditious listing is only if the appellant his directly party to case? Other than Senior Citizens rules for expedited hearing, any other rules to expedite? Last listing of case was Nov 2017. Can my father and other senior citizens of society file a petition/case separately to expedite hearing?
Asked 2 years ago in Constitutional Law
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4 Answers
Society is the plaintiff not your father
merely because some members are senior citizens is not ground for expedited hearing
however there is no harm in making application for expedited hearing
Can a Purshis be filed for a case stayed by HC (pending outcome of another case)? The date of the stayed case keeps coming up in Civil Court, and we don't want the other/opposing party (builder) to take excuse of not knowing that the Deed of Declaration (for apartments) being cancelled by cancellation deed (Ref: Amendment to Maharashtra Apartment Owners Act in Nov 2020 allows amendment/cancellation of Deed of Declaration). Hence the Purshis in the "related" Case.
Asked 2 years ago
On account of increasing covid cases HC is hearing only urgent cases till end of month
2) if case is stayed till disposal of connected case civil court adjourn case sine die till connected case is disposed of
If the builder is claiming innocence of the cancellation of the deed of declaration then he has to file reply to that effect before the court where the case is pending
You can file a reply to that accordingly and not by filing a purshis