Appeal quesry
SHIESTA007
(Querist) 17 September 2014
This query is : Resolved
Dear team,
The Plaintiff had filed a suit.The defendant no. 1 has forged the documents of the plaintiff and then sold it to defendant no. 2 and defendant no. 2 sold it to defendant no. 3. then next to 4. During the pendency of the suit the defendant no.4 sold the property to defendant no. 5.
The court has passed the decree that the fraudulent sale deeds done by defendant no. 1 to 5 be cancelled and said null and void.
The defendant no. 5 has been ordered to demolish the building at his own cost and hand over the possession to the plaintiff.
Now the defendant no. 5 has gone for an appeal in the district court.
My question is Can the defendant no. 5 go in for an appeal against the plaintiff. He is the person who has taken the property during the pendency of the suit and it has already settled in the trial court that he has already taken during the pendency of the court.
More over the title is not passed to any of the defendants.
kindly reply.
Anirudh
(Expert) 18 September 2014
The affected party can always go on appeal. There is no restriction.
M V Gupta
(Expert) 18 September 2014
I agree that D5 being the aggrieved party to the suit can file an appeal against the judgement.
Rajendra K Goyal
(Expert) 18 September 2014
Any or all Defendants have all rights to go for an appeal if aggrieved with the orders of the lower court.
R.K Nanda
(Expert) 18 September 2014
nothing to add.
ajay sethi
(Expert) 18 September 2014
agree with experts
T. Kalaiselvan, Advocate
(Expert) 25 September 2014
Since D5 who purchased the property during the pendency of the suit and is in possession of the party, the order/judgment against him is very much justified,also since he is the only affected party, he can prefer appeal on his own.
