you have to move court to expedite hearing of your case as you are a senior citizen and 75 years old
2) court would in interests of justice expedite hearing of your case
What is to be done to expedite/settle the case in a reasonable ti
I bought a piece of revenue land in Bangalore rural district on 24th October 1983, duly registering the same in the office of Sub-registrar office. Thereafter, I developed the land and continue to possess the same till date peacefully. My seller had bought the this property in April 1968 by registering the same in the office of sub-registrar. In July 2013(after 45 years), one of the signatories of the sale deed of April 1968, has filed a "memorandum of Plaint u/o vii, rule 1 & 2, r/w sec. 26 of CPC 1908(as amended in 2002)", in the court of civil judge and obtained an ad interim temporary injunction, restraining me from alienating the property in any manner till next date of hearing. He has named 13 persons as defendants, including me, my seller and remaining lineal descendents. The contention of the Plaintiff is that the seller and buyer have colluded with revenue authorities and entered their respective names in the revenue records. He seeks to declare sale deed dated 24.10.1983 as null and void. Now, after nearly three and half years, and fifteen hearings the status of the case remains "SUMMONS" and the ad interim temporary injunction gets extended after every hearing "till next date of hearing". It is a known fact, that some/all the defendants conveniently/successfully avoid receiving communication from the court and hence the "case goes on". What is to be done to expedite/settle the case in a reasonable time? I am past 75 years of age.
Asked 9 years ago in Property Law
Religion: Hindu
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3 Answers
The court cannot keep the case pending for issuing summons alone for three years.
Your lawyer should have filed counter to the injunction petition and got the temporary injunction vacated.
Even in the event of the temporary injunction getting vacated, you cannot alienate the property during lis-pendense, i.e., while there is a litigation pending on the property.
You have to pressurise your advocate for putting pressure on the court to set the defendants who do not appear before court as exparte and conduct the case with the present defendants.
1. You can apply for expeditious hearing of the case o the ground of senior citizenship of yours.
2. Another option is to file Revision in High Court seeking speedy trial of the suit whereby the court direct the trial court to conclude the trial in a time bound manner.
3. I hope you have already filed written statement so the court now puts the case on evidence of the plaintiff.
