Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Sjksjksjks (proprietor)     23 April 2011

The best way to Appeal in High Court

*      The Civil Court passed interim order restraining the opponents to sell say 6 flats.

*      But the opponents sod 4 flats out of 6 and breached the interim order.

*      So, I filed contempt case u/o. 39 Rule 2A in Civil Court against the opponents.

*      Thereafter I came to know that opponents are trying badly to sell the balance 2 flats.

*      So, by taking matter on Board, I moved an application before the Civil Court to attach the balance 2 flats to stop further breach of the interim order and thus save them.

*      The Court fixed the next of two days only on my oral undertaking that I will serve the said application to opponents within 24 hours.

*      I served them the said application within a day and submitted the ‘Proof of Delivery’ to the Court on next date.

*      But I forgot to pay the process fees of Rs. 100/- on the said application.

*      So the Court adjourned the matter for a long date saying that process was not paid.

*      Being aggrieved for adjourning the matter for this reason in spite of the fact that I served them the said application and submitted the POD in the Court, I preferred Appeal in District Court u/o. 43 but the District Court rejected the same and also mentioned that the appellant has another mode to put up the inactiveness of the Trial Court before the Administrative Head.

*      So I made the complaint of the above matter before the Principal Judge.

*      But now I fear that the opponents may sell the balance 2 flats and hence I want to stop them and therefore I want to approach the High Court.

 

Query :- What is the best way to approach the High Court in such situation and what is the format of the same.  Guide. Please.



Learning

 1 Replies

adv. rajeev ( rajoo ) (practicing advocate)     23 April 2011

to pay the procees fee you could have filed an advancement application, simple way.  And against interrium order except u/o 39 r 1 you will have to file a writ, you cannot file an appeal in the Dist., court. 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register