Civil Case Appeal Filled In High Court

916 votes

The chances are that the matter must have been listed in regular list because of which it is unlikely to reach or called for. In that situation the action is just to frustrate you as the Decree holder. Under that circumstances, you can initiate action for the prepone of the hearing application or file an application. addressing the frustration of the decree in your favour because of the inaction.

Advocate Yuganshu Sharma LawRato

600 votes

The petitioner may be intentionally delaying the case after filing the RFA (Regular First Appeal) in the High Court post-dismissal of the civil partition case in the Sessions Court, possibly to exploit legal technicalities or to exert pressure on the respondents. Filing the case with incorrect addresses of respondents in 2019 may have been a deliberate attempt to prevent proper service of notices, thereby delaying the respondents’ participation in the case. Such delays can also arise from strategic stalling, such as seeking repeated adjournments, non-compliance with court procedures, or failure to pursue the case diligently after its admission. These tactics could aim to maintain control over the disputed property, prevent partition, or exhaust the respondents financially or emotionally. The lack of progress in six years could also be attributed to systemic delays in court proceedings, though it is the petitioner’s duty to ensure timely prosecution. To counter this, the respondents can file an application under Order 41 Rule 11 of the CPC for dismissal of the appeal for lack of prosecution or seek expedited hearing citing the prolonged delay and prejudice caused. They may also highlight the petitioner’s intent to delay the case and request the court to direct the petitioner to proceed diligently or face consequences, such as dismissal of the appeal.

Advocate Rupal Dwivedi LawRato