Dear Lawyers, I have my case running since 2010 at Alipore Court Kolkata to evict my tenant who lived in my ground floor since I had purchased my house 30 years back. My tenant is dead last year but his wife and son are alive and running the case but the hearings are taking very very long intervals, often intentionally delayed by the tenant family. Also the court proceedings are slow. Tenants have their own house elsewhere, but still they are not vacating my house. My questions- 1. Can I fast track the case at Alipore Court Kolkata to expedite the hearing dates, say two dates a month. What is the procedure. 2. Since my tenant is dead, how long his family can legally run this case. Can the case flow down his generations?
Since your tenant is dead you may ask the Court to pass the judgment in your favour as contract between you and your tenant come to an end on the date of death of your tenant. You may take shelter under following circular (similar circular issued by every High Court/State Government).
You have to rely upon various circulars which says it should be closed within 12 months. You can move an application before the same court as per following circular or approach the High Court for time bound disposal
Karnataka Case Flow Management Rules
SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.
The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.
It divides cases into four tracks.
Disposal in 9 months:
In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.
Disposal in 12 months:
In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.
Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights.
Disposal in 24 months:
Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier.
The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.
The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.