• Property dispute

My mother bought a property 39 years ago. She paid all the money but the vendor after signing the agreement and giving possession refused to give the registration. A case was filed and six years ago the high court in Madurai, Tamil Nadu ruled in my mother's favour. However, the vendor then appealed to the supreme court against the judgement. The case has now been in the supreme court for six years and has not been called for hearing and is not in the Terminal List for this year. What time will it take for this case to be called? Is there anything we could do to for it to be called up? My mother has been diagnosed with breast cancer and we are running out of time. Your advise would be much appreciated.
The category is Special Leave petition (Civil), Ordinary Civil Matter- Matters relating to specific performance of contract.
Thank you.
Asked 5 months ago in Property Law from New Zealand
Religion: Other
Your mother can move SC for expediting hearing and final disposal of appeal as she is a senior citizen and suffering from cancer 

2) court would expedite final hearing of the appeal 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
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Senior citizens cases are expedited 

In addition your mother is affecting from cancer 

Hence SC would expedite case 
Ajay Sethi
Advocate, Mumbai
23151 Answers
1216 Consultations
5.0 on 5.0
Hello,
1) Despite the fact that there are several cases pending before the Supreme Court, your matter is fit to be expedited given the circumstances and the delay caused so far.

2) Let your advocate take appropriate steps in bringing to the notice of the Court that the Appellant of taking undue advantage of the pendency of cases in getting the matter protracted.

3) The case will not see light and come up on the list unless you take steps and 6 years are too many to have been wasted.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
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1. An application can be filed appealing for early hearing the matter on the ground that the  Opposite Party/Petitioner is having cancel and is in terminal stage.

2. It is the only solution left before you now.
Krishna Kishore Ganguly
Advocate, Kolkata
12077 Answers
228 Consultations
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The chance of early hearing of the long pending matter on account of the terminal ailment of your mother is naturally bright.
Krishna Kishore Ganguly
Advocate, Kolkata
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228 Consultations
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Since the matter is in supreme court and as you said that it is not figuring in the terminal list for this year to, you may have to consult your supreme court advocate for an expeditious hearing by filing a petition before supreme court mentioning your mother's health reason for the urgent or expeditious hearing.  You may attach the medical documents in support of your plea. Discuss with your lawyer about this.
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
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What are the chances of exlediting the hearing when there are so many cases waiting?

You have a genuine reason of your mother's serious illness, hence there are chances to taking up the hearing expeditiously.
T Kalaiselvan
Advocate, Vellore
13945 Answers
127 Consultations
5.0 on 5.0

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