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Preliminary order with held

(Querist) 17 September 2014 This query is : Resolved 
Sir, i have filed for civil appeal and the hon'ble court was about to pronounce preliminary judgement orders, immediately the other side counsel said that they have filed revision/review petition in the high court and also said that there is stay and not filed any orders as such but the said revision/review petition is at the admission stage, the other side counsel only to drag and delay the proceedings and the court is adjourning, ive urged that there are is no stay but the court simply adjourning the case. please advice me that any citations or provision are there that to direct/urgue to not to stop the proceedings?
Devajyoti Barman (Expert) 18 September 2014
Unless the stay is granted the court cna proceed with your case.
Insist to produce the stay order.
Rajendra K Goyal (Expert) 18 September 2014
If there is no stay, case would proceed. Prey the court to proceed if stay is not produced.
M V Gupta (Expert) 18 September 2014
It is strange that the court is adjourning the suit merely on oral submission of the defendant's advocate that a revision or review petition is filed. In the absence of application for stay supported by affidavit stating that a stay has been granted by the reviewing court the adjng of the suit is illegal. Move an application to resume hearing of the suit. There are many judgments to the effect that mere filing of an appeal or revision do not operate as stay of the suit.
venkatesh Rao (Expert) 18 September 2014
File an affidavit before the court narrating all the facts. If the other side is making false submissions, it amounts to contempt.
ajay sethi (Expert) 18 September 2014
agree with experts . stay order has to be produced . trial court can proceed with case in absence of stay
govind (Querist) 22 September 2014
Dear all sir,
Thanks for you response, sir plz forward me related judgments.

Thanks N regards

Govind
M V Gupta (Expert) 22 September 2014
Have u not engaged Advocate? if not pl do. He will prick up suitable judgements.
T. Kalaiselvan, Advocate (Expert) 26 September 2014
Citations/judgement are not provided here.


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