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Civil suit for possession pf property (Property Law)

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This query is : Resolved

Author : aman k

Posted On 09 April 2013 at 19:17

case for possession of the disputed property was decided & decreed on 30MAY2012 in favour of the owner of the property by the lower civil court & the defendants were directed to hand over the vacant possession of the suit property to the plantif within a period of three months i.e by 30august2012.But the defendants remained silent up to 06april2013 the defendants have now filed appeal in the session court against the above decreed case which was decided on 30may2012 i.e after expiry of 10 months.In the meantime the lower court has issued warrants for the possession of the property but the warrants could not be executed due to non help of police & the case is pending for providing of police help.Kindly advice whether the defendants can now file the appeal in the session court when the limitation for filing the appeal is already expired on 30August2012
after availing the grace period of 3 Months.


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Expert : raj kumar makkad

Posted On 09 April 2013 at 23:04

The right to appeal is intact but he has to first convince the court about the delay in filing the appeal and meanwhile you should get the execution of the decree under appeal.

Expert : Devajyoti Barman

Posted On 09 April 2013 at 23:32

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Yes they can prefer appeal after the period of limitation, However it is quite difficult to explain the delay of 10 months.

Author : aman k

Posted On 10 April 2013 at 12:34

thanks for reply

Expert : ranganathan

Posted On 10 April 2013 at 13:48

You execute the warrant at the earliest. They have right to appeal but the delay has to be explained to the satisfaction of the court.

Expert : Devajyoti Barman

Posted On 11 April 2013 at 00:04

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you are welcome.



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