Supreme Court the highest court of appeal & final judgement

We have a 14 year old case - not being able to get the tenant out of our apartment in Chennai, India. It is going from court to court on appeal and now the tenant is going to Supreme Court i New Delhi (he lost in the Chennai High Court). Any idea how long it will take to get the judgement. If the tenant loses in Supreme Court can he appeal to any other higher bench?

Answers (5)

67 votes

Dear querist,
As your query states that the tenant is preparing to file an appeal before the Supreme Court, i suggest you file a caveat before the supreme court so that you are informed about the hearing of the Appeal, as and when it gets listed before the SC.
Insofar as your query as to how long would the case take, pls prepare yourself that the case may take years if it gets admitted on the first hearing but if it does not then case would be dismissed and you can proceed with evicting the tenant as per the High court order. The chances of the matter getting admitted would depend upon several factors like, in whose favor was order of civil court passed, reasoning given by high court and the argument put forth by your lawyer.

In regards to your question whether an appeal lies to the order of SC, yes it does and is called a Review. However, chances of a review petition being admitted is very less, especially in civil cases where facts finding is involved.

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211 votes

A case in Supreme Court may take anywhere between 5-7 years or more to get decided if ‘Notice’ is issued in the first hearing. It is, thus, advisable to keep track of the matter through a lawyer, file caveat, if advised by the lawyer & try to get the matter dismissed/rejected in the first hearing itself. After rejected by SC, the tenant has the option of filing a review petition & curative petition in SC itself, but chances of getting relief after initial dismissal of the case are negligible.

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277 votes

This matter may be disposed off in few months if the case doesn't have good merit.
If he loses the case he may file review petitions or curative petition as well but the chances are very less for his success if he is not able to show good cause of action.

194 votes

We can file a Caveat before the tenant file any appeal before Supreme Court and have it dismissed on the admission hearing day. This is a quicker way to dispose off the matter at the earliest. Thereafter once petition is dismissed, one more remedy is available, which would be, the tenant can file a review petition against the order of dismissal of SLP, however the Supreme Court in rare cases entertain the review petition unless there is some apparent error on the fact of record.

So my advice would without delaying, file a Caveat! I have done many cases like yours.

104 votes

In supreme Court Tenant (a party who wants to challenge judgment of High Court) required to file Petition with 90 days from date of receipt of certified copy of the order. Supreme Court to complete formalities of registering and listing the petition may take 30-50 days. Therefore it will take hardly 4-5 months much less than your 14 years wait. Mostly supreme Court dismiss Tenants petition in one hearing and grant 3 months or up to 6 months or one year time to vacate premises. There is no appeal against Supreme Court order and supreme court is last highest court. Only review can be filed within 30 days of supreme Court order but that also get dismissed by circulation. At best you can file caveat at this stage and oppose granting more time to vacate. Let me know in case you have any further queries or need any further assistance in supreme court in this regards.

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