litigation is a time taking process ,pls keep in mind that justice will be given to you ,though it will take time and money
Assistance with a case running since past 19 years
Hi, its about a house built within a campus of another, both facing each other n separated by mere inches. My father had 4 brothers. three of them from another women than my grandmother as my grandfather had two wives despite being a hindu but a 'dabang' person and working in collectorate. My father and one more were from the first wife n the rest 3 were from the second which made them feel inferior and raged them against my dad and mom who did a love and intercast marriage (court to be specific) Everything was fine till my dead was alive but post his murder by his brothers everything went against my mother. My so called uncles in a show-of-sympathy got my mothers signatures on some documents immediately after the murder and then filed a case stating my parents weren't even married hence had no claim on property and all and despite having a valid genuine court marriage certificate, my mother spent i guess around 10-12 years proving she was married to my dad n that he was my father. That being proved came the point of our rights which is still not anywhere close to redemption as on every hearing in lower court (ever since) the judge merely hears a 'line' of argument or anything from both party lawyers and sidelines the file for next hearing next month. Months after months n years after years have passed but nothing has happened. My point - If its been proved that my father was married to my mother and that I am his son then why and how can my uncles still play around with court-balls like that for years keeping me and my mother away from what we deserve? Its NOT a case of property as I am willing to DONATE it all brick by brick to a beggar or any NGO (its costs somewhere around 30-40 lakhs or more as per today's property rates being in the city circle but in congested locality) but a case of SELF-RESPECT and Pride now that I have to make it end and rightfully in favor of my mom as she's right i know. Please suggest something as whether I can go straight to any higher courts like high court or supreme court or something can be done about it rapidly keeping the cost part in mind as being a sole son and not earning yet thats a huge matter of concern for me right now and making me sulk too. Or can I keep it aside for now, say leave it and concentrate on my career and have some money then re-open the case later on someday. The thing which bothers me in leaving n reopening thing is what would happen if they and win and court passed an order against us cause knowing my uncles crookedness best I can, they won't sit idle and let us rest for sure Thanks
Asked 10 years ago in Property Law
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9 Answers
that's not even close to an 'expert' piece of 'advice' i was hoping to get from someone. Its more of a sympathy and empathy sortta answer Help if you can with some legal steps I can take or forget it. Thanks but no thanks
Asked 10 years ago
you can move High court for expediting hearing and final disposal of suit pending in trial court for last 19 years . request nHC to direct trial court to dispose of case in 6 months
Thank you Mr. Sethi for coming up with some way out as it seems but I think we tried doing that too filing a caveat or something (i ain't too sure bout the legal terminology used for papers) and the high court of allahabad did took steps asking the lower court to expedite but the paper came from high court to lower and got lost in files and money levied upon it by my uncles. It never came to surface only. One more thing is that my mom almost almost lost all hopes and gave up skipping a few hearings which made the ball roll in their favor and case almost got disposed but my mum filed a supplementary case via women cell asking for justice under family harassment or something and hence the main case is in suspension whilst the trivial one ongoing since past couple of months
Asked 10 years ago
1) if Allahabad HC had passed directions to expedite hearing and final disposal of suit and copy of order has been lost in files your lawyer can obtain certified copy of order again and file it in lower court .
2)your lawyer will have to draw attention of trial court to HC order . that is your only hope
hmm... although lawyers never answer you straight and clear, would still try and ask my lawyer about that particular HC thing and see if it can be done that way but i am utmost dismayed at learning that its the only hope as i thought there are other higher courts of appeal for me to go to if not here Thanks a ton for your help and guidance. if you have any suggestions on any lawyer who's with civil/ high court here at allahabad, would love to get them roped in for this case to get sorted at its earliest as that's all i can do i suppose being a 'client'
Asked 10 years ago
If the Allahabad HC has already passed an order for expediting the hearing of the case then the lower court is bound to obey it as a HC order binds all the courts within the state. The order of Allahabad HC must have reached the lower court through official channels. Hence, it is not possible that it could be lost. The possibility of the opposite party playing some mischief of taking it out of the official file in active connivance with the clerical staff of the court cannot be ruled out, albeit that also could not have ousted the rights that you assumed by virtue of the HC order as the lower court judge would have noted down the order immediately on its receipt from the High Court.
The higher courts of appeal i.e High Court and Supreme Court are always there, but they cannot be approached unless the case has been decided on merits by the lower court. As to date, the case has not been decided by the lower court. If your case is handled diligently then the outcome may well be in your favour.
I know Mr. Ashish that 'if' handled diligently then only its in my favor else it'd look like what it looks like right now 'hanging' amidst nowhere. And that's the sole fact which is making me type it all out here and even 'hope' to see it ending someday maybe. The fact that Lower courts of U.P. to be specific Allahabad have millions of cases pending makes my case much more hopeless as I know and am aware that the way its going... its going nowhere. Your point of notice of a 'mischief' happening at clerical staff level is what I missed to pin-point as one of my uncles is working in the lower court premises itself as a fourth class worker attending to the needs of clerks and 'babus' having good terms with them as obvious. He I suppose was or is posted as a peon of the Record room as well here at the lower court itself and although my mother has tried all she could to get him out of there, he got transferred for sometime and then again came back using his connections within this period of 19 years.. you see everything is possible if you have enough cash. My case is weak cause I don't have a strong advocate to fight it out yelling in the court room basis the fact file I have. Had it been in strong hands, I know it wouldn't stand a couple of hearings as reading most of the papers what courtesans call as 'questionaire' I got the idea clearly that its like a child game going on with no strong facts and points enlisted anywhere. Like for example - first the case started with them denying my mothers marriage completely, then they accepted it saying it was forged, then they said it was going all well till my grand mother and my father were alive (both died somewhere around the same period) but soon after they went my mother started fixing false allegations against them and to and extent that my mother killed my father literally abusing her in court room in front of the judge is what I've heard as I was just 10-12 yrs old back then. See its all system and I need someone who knows how to play with it wisely and that I guess I'd never be able to keeping in mind the long term agony we've already gone through. One more thing, there have been 'N' number of judges changed, 'N' number of advocates changed between both the parties ever since the lawsuit started back in 1995. Even the court room changes every time I happen to visit with my mom if in town. So the fact that the judge would've noted it down and would be aware is what one would think of if one wishes to but in a court room with the huge list of cases pending for trial in a rush I don't think a Judge even turns to the second page of a case file unless he is more then touched by the case in front.... (am saying this basis what I've seen with my own eyes sitting in court room for hours at a stretch listening to cases being put up and noticing the Judges' body language altogether)
Asked 10 years ago
so in a layman's' language, if I leave the case unattended and it gets settled anyhow in lower court be it even in their favor, i can approach the higher court directly? would it help?
Asked 10 years ago
If you leave the case unattended then it will inevitably be decided in their favour, which will spell doom for your legal interests even in higher courts as the blunders committed in the lower court are incorrigible even in the higher courts. All I can suggest to you is to get hold of a good lawyer as he can turn the tide around.
have low hopes of finding one as its merely a money-minting business down here and a flourishing one too. Seniors have high fee structure yet equal interests as any other out there is wat i've seen so far. Thanks to all those who answered my queries and I am still in a bowl of soup as i was cause its something nobody can help me out with on ground zero i guess. Thank you
Asked 10 years ago
thanks for your appreciation . you should attend all court hearings diligently . the evidence tendered in lower court by the parties form basis of decree passed by trial court . if you don't contest case properly adverse order passed would be difficult to be set aside in appeal .
for conducting trial don't go in for seniors . rather go in lawyer with 15 years standing or so well versed in conducting trials .
advice well taken Mr. Sethi and if my appreciation can boost your morale for helping others like me who don't have any peers to share doubts with and seek assistance and guidance of sorts, nothing like it its like beating the bushes though as finding a lawyer is like finding a second hand car.. people will tell you all sorts of stories of appreciation and even depreciation to an extent, but its only post a rugged use that you'll get to know its pro's and con's or only an insider/ technician can help you accurately with its delicacies. You will change your mind more often than otherwise as to whether or not this advocate will take it all seriously or will he too sit like the others in the past as when it comes to taking fresh cases they are like help desk and when following up comes, they become services centers wherein all are equal and you'll have to wait your turn and at times even get left high and dry. It goes without saying that whoever has a case looks for the best lawyer to his/her might as nobody wants a case to run as long as mine has... so before switching a lawyer one does all sorts of research possibly possible and then only takes a bet but more than often loses it all to the cunning lawyer fraternity is all i'd say. It happens every where with every profession nowadays. anyways. Thanks a ton once again and have a good day everybody and do pray for my case as its something which i need the most at this point in time more than anything else :)
Asked 10 years ago
Thank you for appreciating.
A law graduate, like any other professional, practices law to make a career out of it, albeit it is to be done on the touchstone of certain inseparable principles such as integrity, industry etc. It is wrong to paint all the lawyers with the same brush. If you do not have faith in the integrity and/or diligence of your counsel then take second opinion from another counsel by showing him all the requisite documents of your case, if not engage another counsel altogether. This will let you know where you stand. This is all I can suggest.
Good luck!
words of appreciation form querist is music to our ears .it endeavors us to work hard and help in resolving legal problems faced by litigants .