It takes around 10 years for hearing and final disposal of appeals in HC
your advocate is not mis guiding you
RFA case not coming up for hearing
Hi, We won a case in district civil court for possession and declaration in 2017. We proceeded with execution petition. Meanwhile the opposite party approached High court on RFA and got stay. The case has been accepted and the next hearing date was Aug 2019. But, it's been 4 years now and the case has / is not coming up for hearing. Every time we ask our advocate, he says that cases in high court take time to get listed etc. Is it true? Is my advocate being honest?
Asked 1 year ago in Civil Law
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
10 Answers
If the stay has been granted by High Court than within six months case issue should be solved or case should stand. No matter whether the case is CIVIL or Criminal as per the SC.
If stay has been passed by High Court than after six months its require special serious consideration. Kindly check that has been submitted by other party and does your lawyer has taken any objection on it or not.
You will find all those records with High Court Clerk.
- Since, the said matter is pending before the High Court for the last 4 years , then you can move an urgent hearing application before the High Court for hearing the matter on urgent basis .
You can file a stay vacate petition to vacate the stay which will bring the case for trial very soon.
Then you can challenge the same properly
wrong advise. You have fooled for 4 years. Change advocate and file application to vacate stay. Also there is automatic vacation of stay after 6 months.
Thanks to you all, Every time I asked my advocate to push for early case listing, he kept saying that he has submitted a 'Memo' but that it has'nt been accepted. Also High court gave stay for just 4 weeks on the execution petition in lower court, but our advocate says the stay continues till the case (RFA) is completed in High court. Kindly suggest ways to get early case listing in High court. Thanks.
Asked 1 year ago
You have to make out a case for early hearing
application is granted if you are senior citizen or there is some urgency in the matter
Stay does not continue till hearing and final disposal of appeal
- You can engage a new lawyer , if he is trying to understand your plea
- You can file an application for urgent hearing of the case on reasonable grounds before the registrar of high court .
Change advocate.
automatic vacation of stay after 6 months - This is SC order.
You can ask High Clerk for nearest date and request case need to stand. Do not inform your lawyer, you alone visit to court check what papers are submitted and what type of Memo given and why is not accepted. You nee to cross check the papers.
You can change the advocate if you are not comfortable with him/her.
Your new advocate can insist before the registrar of high court to post the matter for listing at the earliest in view of the stay and inordinate delay in hearing the case.