If you are stuck in such a situation, here is what to do.

Mr. Sameer entered into an agreement to purchase a residential property in the city of Anandpur more than a decade ago. He made the full payment to the seller, Mr. Verma, as per their agreement. However, when the time came to formalize the transfer, Mr. Verma refused to execute the sale deed and get the property registered in Mr. Sameer’s name. Left with no other option, Mr. Sameer filed a suit for specific performance in the local District Court.

After several years of litigation, the court passed a judgment in Mr. Sameer’s favor in 2013, directing Mr. Verma to complete the registration process. Instead of complying with the court’s order, Mr. Verma filed an appeal in the state’s High Court against the decision. The appeal has been pending for many years now, with no resolution in sight, leaving Mr. Sameer unable to enjoy the property he rightfully paid for.

Advice in such cases

Facing a long-pending appeal can be incredibly frustrating. The legal system can be slow, but there are steps you can take to try and speed up the process.

• File an Application for Early Hearing: This is the most formal and effective method. Your lawyer can file an application before the High Court, requesting that your case be listed for hearing on an urgent basis. This application must state strong reasons for the request, such as the advanced age of the litigant, financial hardship caused by the delay, or the fact that the appeal is frivolous and filed only to delay justice.
• Mentioning the Case: In some situations, your lawyer can make an oral request before the concerned judge (a “mention”) to ask for an early hearing date, especially if there is a pressing urgency.
• Diligent Follow-up: Stay in regular contact with your advocate to ensure they are actively tracking the case status and taking all necessary steps to prevent further delays.

Applicable Sections of Law

Civil property disputes are primarily governed by procedural and substantive civil laws.

• The Specific Relief Act, 1963: This is the key legislation for cases like this. A suit for “specific performance” is filed under this Act to compel a party to perform their part of a contract. The lower court’s decree was likely passed under Section 10 of this Act.
• The Code of Civil Procedure, 1908 (CPC): This code governs the entire procedure for civil litigation in India, from filing a suit to appeals. Appeals to the High Court are governed by Order XLI of the CPC. The application for an early hearing would also be filed under the relevant provisions of the CPC and the High Court’s specific rules.
• High Court Rules: Every High Court has its own set of rules that supplement the CPC. These rules detail the procedures for filing, listing, and hearing of cases, including provisions for expediting matters.

If you are the complainant

If you are the original complainant (the person who won in the lower court and is now the respondent in the appeal), your goal is to have the appeal dismissed and the lower court’s judgment upheld.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Prepare a Robust Defense: Your lawyer must file a strong reply to the appeal memo, demonstrating that the lower court’s decision was legally sound and based on proper evidence.
• File for Early Hearing: As the party suffering due to the delay, you have strong grounds to file an application for an expedited hearing. Emphasize the long duration of the dispute and the prejudice you are facing.
• Secure the Lower Court Records: Ensure that the records from the District Court trial (the “Record and Proceedings”) have been properly transmitted to the High Court, as the appeal cannot be heard without them.

If you are the victim

As the person who has paid for the property but is being denied ownership due to the pending appeal, you are the primary victim of the delay.

• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.
• Check for a Stay Order: Ask your lawyer to confirm if the High Court has granted a “stay” on the lower court’s judgment. If there is no stay, you may be able to file an “Execution Petition” in the lower court to enforce its decree, which could pressure the other party.
• Document Your Hardship: Keep a record of all the difficulties you are facing due to this delay. This can include financial losses (like paying rent elsewhere), missed opportunities, and the mental stress of prolonged litigation. This information can strengthen your application for an early hearing.

How the police behave in such cases

In a purely civil dispute like a suit for specific performance, the police have no direct role. This is a matter between two private parties concerning a contract, which is adjudicated by civil courts. The police do not intervene in the execution of sale deeds or property registration disputes.

The police would only get involved if a criminal offense is alleged, such as forgery of documents, criminal intimidation, or cheating (an offense under the Bharatiya Nyaya Sanhita, BNS). However, the core issue of enforcing the agreement to sell remains a civil matter.

FAQs people normally have

What evidence is required?

For the High Court appeal, the most crucial evidence is the record from the lower court. This includes:

• The original Agreement to Sell.
• Proof of payments made (bank statements, receipts, acknowledgments).
• Any written communication (letters, emails) between you and the seller.
• The testimonies of witnesses from the trial.
• The certified copy of the judgment and decree from the District Court.

How long will the investigation take?

Since this is a civil appeal, there is no “investigation.” The correct question is, “How long will the appeal take to be decided?” The timeline for a High Court appeal can vary significantly and, unfortunately, often takes several years. The duration depends on several factors:

• The backlog of cases in that specific High Court.
• The complexity of the legal and factual issues involved.
• Delaying tactics employed by the opposing party.
• The proactiveness of your legal counsel in pushing the case forward.

Filing an application for an early hearing is the best available legal remedy to try and shorten this waiting period.

Advocate Sudhir Rao, Supreme Court of India