Civil suit for possession pf property

This query is : Resolved 

09 April 2013

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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raj kumar makkad (Expert)
09 April 2013

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.

Devajyoti Barman (Expert)
Click to Talk
09 April 2013

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

aman k (Querist)
10 April 2013

thanks for reply

ranganathan (Expert)
10 April 2013

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.

Devajyoti Barman (Expert)
Click to Talk
11 April 2013

you are welcome.

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