Dalip ahuja (Business) 21 April 2018

Illegally and forcibly Dispossesion when stay in operation

Sir, Civil suit is pending in court, court orders to maintain status quo,But respondents dispossessed us from suit property. We file contempt petition under 39(2) which is pending. Now We file application for restoration of possession with the main suit,while argument on our applicatio court prefer to argument on our pending civil suit. My question is which case should be argue first Restoration application Or civil suit. Is there Any judgement delivered by upper court. Help me.

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G.L.N. Prasad (Retired employee.) 24 April 2018

It depends on arguments and discretion of Hon.Judge. Generally most Judges prefer to take main case first. As your advocate is already handling the case, request him to do needful. Any thing contrary to Hon Judge and your advocate may turn the tables against your case. The possession on the date of numbering your case is important for deciding possession. Such possession if any delivered is subject to final outcome of main case.