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Can Title Suit case be transferred from District court to High Court
13-Dec-2023 (In Property Law)
hi Title suit case related to property. Can we transfer the T.S. case from District court to High Court if there has been No Hearing for over a year whereas the opposite party are taking stay/extension in every hearing date? Judge is present but never attended the hearing in last 18 months. Its a clear - Open & Shut Case for which earlier verdict by Land Dept during Land hearing strongly favoured my side based on deeds. Please advice. What are the options left for me in this TS case as I am the legal owner & have all the docs.
Title Suit can not be transferred from District Court to High Court except appeal. You should better to file a Revision Petition in High Court under article 227 of the Indian Constitution for expedite order to speedy disposal of the suit.
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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civil suits can not be directly heard and tried in the High Courts. The High Courts are not to hear the statements of the witness. The trial courts/ Subordinate Courts are supposed to do that work. However you can move to the High Court for seeking a direction upon lower for disposing and adjudicating your dispute in a speedy way.
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Adv. Sudip Mukherjee
Asansol | 100+ Answers
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You may try getting a transfer but given the practical situation of pendency of cases in our Judiciary, chances of it being allowed by a High Court is grim. Besides average time taken for the disposal of a title suit in our district courts is 6-7 years.
In my opinion, a more prudent strategy would be to approach the High Court seeking a speedy disposal of the matter or expedient hearing of the matter in the lower. That is easier to get especially if it is as you say an open and shut case.
Get that order and ask the lower court to dispose it off within the time prescribed by the high court. That should speed up the hearing.
In my opinion, a more prudent strategy would be to approach the High Court seeking a speedy disposal of the matter or expedient hearing of the matter in the lower. That is easier to get especially if it is as you say an open and shut case.
Get that order and ask the lower court to dispose it off within the time prescribed by the high court. That should speed up the hearing.
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Adv. Saptarshi Banerjee
Kolkata | 25+ Answers
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