Won case but did not get possession yet

879 votes

I think if you have already won the case both at the supreme court and the high court all that you need to do is to oppose their application as vehemently as possible on the next date of hearing. There is quite a bit of case law to show that in such a case there is absolutely no vested right qua the opposite party to stay on. What you can also do is to send me a copy of this application and I shall see what is it that I can do. Thanks and cheers

Advocate Raghav Awasthi LawRato

602 votes

Forget about the application of petitioner, after the expiry of stipulated time period i.e. 31 march 2016. If he does not vacate the premises , you first call 100 and file a criminal complaint of trespass and after that file a contempt petition in the Hon'ble SC . You will surely win the case , Court may appoint any local commissioner to handover the vacant land.

Advocate Atul Patni LawRato

799 votes

you may contact me for opposing that application so that further time could not be granted as your query.....
As par suprem court orders petitioners hand over the possesion of Respondent Father's House on 31.03.2016.SLP of Petioners was dismised in high cout and suprem court but both court had given time to live in dispute house for 8 months as petit. is the son of Respondent.but now petit. filled an application for extent the time period to live in dispute property for 1 year i.e.31.03.2017.and date of listing is 04.04.2016 for application.respondent's age is 70 y old and the relation of the parties are very bad condition.if they don't vacate the houseon 31st march.what will we do.please tell us

Advocate Tashriq Ahmad LawRato

506 votes

The court may hear the application on merit and decide it if it's fit to be considered then the court will issue notice and the matter may be listed for disposal. At times the court may think the application is frivolous and filed to extend the time then it may dismiss the application on 04.04.2016. So better you approach the lawyer immediately and your lawyer can appear on 4th April and can make your oral objections and convince the court not to allow the application for extension of stay. If you want to file reply then draft it immediately with the lawyer's help and file it by April 1st because the supreme court registry is closed for week due to Holi vacation. Good luck sir.

Advocate S. Sethu Mahendran LawRato