Civil matter related case query.

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This topic contains 1 reply, has 2 voices, and was last updated by Dr. Ashok Dhamija Dr. Ashok Dhamija 2 months, 3 weeks ago.

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  • #5373

    Sir,
    In 2001 i had filed a writ in high court against gram sabha raibareily for claiming my land which got dismissed in 2009.As after that i got some old papers which were misplaced and then i filed a review petition in high court where i won in 2018.Sir my question is that as it has been 8 months since the decision what steps can the other party(government and gram sabha)take.Can it file a slp in supreme court and what are the chances of it being admitted or can they apply again in high court.

  • #5408

    The limitation period for filing SLP is 3 months from the date of the high court order. The actual time taken for supply of certified copy of the high court order (which is generally not more than 10-15 days) may be excluded from this limitation period.

    However, it is possible to file SLP even after this period, but then the opposite party may have to file an application for condonation of delay along with the SLP. If the Supreme Court is convinced about the reasons for delay, it may condone a few months’ delay.

    Once the review petition has also been decided, the opposite party may not get a chance to approach the high court again. However, if the original order and the review order were passed by a Single judge bench, and if there is a provision for approaching a division bench of high court (of 2 judges) in the rules of your high court, then it may be possible for the opposite party to approach the division bench of the high court against such order.

    From your side, if you want, you can file a caveat in the Supreme Court, so that the moment SLP is filed you’ll get a notice of the same. This will help you to oppose grant of an interim order against you.

    Meanwhile, you can also request to get the order (in your favour) implemented by the concerned authority. And, if they don’t do it, you can consider filing a contempt petition for not complying with the direction of the high court.

         


    Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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