Rcop case - whats next after lower court judgement??
Sanjay
(Querist) 17 December 2014
This query is : Resolved
Respected Sir,
Here is my case and case status:
I reside in Madurai, Tamil Nadu and filed an RCOP case in the year 2009 against my tenant for vacation just because I need the space for my own use. The tenant also confessed in the court that he owns a shop near by and has rented out. The Addl. District Munsiff court awarded
the judgement in my favour, after 6 long years. We are yet to receive the judgement order.
I also came to know that the tenant is planning to go for an appeal just to prolong the process and remain in the premises.
I am in bad need of the space since I am unemployed and wanted to use this premise to setup my own business.
My lawyer is too busy dealing with high value cases and its unfortunate that he is not paying full attention into our case.
(a) Can you please guide me on what are all the options do I have and what are the implications of choosing those?
(b) Is there an option that stops the tenant from going for appeal, before which he needs to vacate the premises?
(c) How do I make him vacate the premises?
Any suggestion helps!
PLEASE PLEASE PLEASE HELP!!
Am Very Desperate!
Regards,
Sanjay
Anirudh
(Expert) 17 December 2014
Legally you cannot stop him from appealing against the order.
Legally you cannot force him to vacate the premises before filing appeal.
It is his legal right to prefer appeal.
While one can understand your anxiety, yet one cannot help you, as the legal process is yet to come to an end.
Therefore, you have to wait.
You can file a Caveat in the court where you expect him to file the Appeal. If you file a caveat, no interim order in his favour will be given ex-parte. In other words, only after hearing your side only, the Court will either grant or deny him the interim relief.
THINK FOR A MOMENT - WHAT WILL BE YOUR STAND - SUPPOSE YOU ARE IN THE POSITION OF YOUR OPPONENT AND YOU ARE NOT ALLOWED TO APPEAL AGAINST THE ORDER WHICH IS AGAINST YOU?
Devajyoti Barman
(Expert) 17 December 2014
A litigants aggrieved by the decision of the curt has constitutional right to challenge it in higher court which your tenants is doing. if does so you can contest the appeal and engage another lawyer who can give your case necessary time.
Rajendra K Goyal
(Expert) 17 December 2014
If possible try to have amicable out of court settlement. You can not prevent him for going to appeal.
malipeddi jaggarao
(Expert) 20 December 2014
Engage another lawyer who can speed-up the appeal proceedings.
T. Kalaiselvan, Advocate
(Expert) 24 December 2014
You have been very rightly and properly answered by expert Mr. Anirudh, if you are not satisfied with your lawyer, you may better change the lawyer and file an execution petition after the period for appeal is lapsed.
