• Against party got stay against evacuation order and decree. Thereafter case is not listing.

Sir 
Civil was filed against shop keeper goven on rent and case in won in adj court under mp acoodation act t 1967 section12(1)_a,cand f) . He got stay in second apeal against the execution order and decree  from high court jabalpur,court gave him interim relief till next hearing. Now case is pending for final hearing from 27 feb2014. I want case to be listed as I am old aged case in senior citizion category.
Asked 11 months ago in Civil Law from Jabalpur, Madhya Pradesh
File an application before the registrar for listing the matter on urgent basis or file a writ for speedy justice under article 226 of constitution of India
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
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You may file a SLP against the high court stay order before supreme court but it will be better to file an application before registrar for listing the matter if not getting any relief then challenge the stay order.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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1) you have to make applications to Chief Justice  of HC for expedited hearing on grounds that you are senior citizen 

3) HC will expedite final hearing of your case 
Ajay Sethi
Advocate, Mumbai
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No need to file appeal before SC 

Application for expedited hearing before HC will suffice 
Ajay Sethi
Advocate, Mumbai
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The stay granted by the HC will stand vacated when the appeal is decided. Alternatively you can move the SC against the order of the HC to refuse vacation of stay. Since you are a senior citizen you can request the concerned bench to expeditiously decide the case. The High Courts are receptive to such pleas coming from senior citizens. Once the case comes on the final board of the HC it should not take more than one or two hearings for it to be concluded.
Ashish Davessar
Advocate, Jaipur
18167 Answers
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Hi, you have to file an application for vacating of interim order and also one more application for early hearing application before the court, the court will consider the application and fix the date for final hearing  of the case.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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You may ask your advocate to file a miscellaneous petition before high court under the same second appeal seeking to vacate the interim stay of operation of the lower court orders.  He can quote the same reason i.e., non-payment of rent in the interim period, your age and welfare of senior citizen etc as grounds for vacating the stay. Also he can file a petition for expeditious trial of the proceedings on the basis of senior citizen.  Everything depends on how your advocate tackles the subject matter. 
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0

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