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deepak (self employed)     20 January 2011

help required

there is this party A who has won the case in City civil court, mumbai. The party has got the decree from the court stating that the opposite party say X should be restrained from working & conducting the work  in the said premises. In issue A has proved right title in the suit property and X has not proved the tenancy rights. this is according to the judgement. X has filed an appeal in the bombay high court with the prayer to continue with paying 5000 pm as compensation and also asking for stay on decree. The case was put up against the judge and in the hearing judge has ordered X to pay 5000 for two weeks and stay has not yet been granted. 

so i would like to know if A can execute the decree since the stay has not been granted. Also would like to know that X who has been proved as the manager has expired. so now his son Y who has been proved as worker in this case. so i would like to know what are the rights with Y for the same.

please provide solution for the same as soon as possible

thank you



Learning

 4 Replies

Amit Gupta (Advocate)     20 January 2011

ur question is wrong.....

plz correct it.....second do clearify wht was the nature of the suit ??

deepak (self employed)     21 January 2011

the nature of the suit is that X is claiming for tenancy rights while all the documents are in favour of A. A has proved X& Y as employee in city civil court and so has received judgement in his favour. X says that he used to pay 5000 pm to A as compensation. So while filing an appeal in the bombay high court he prayed for the compensation to be continued and also for stay on judgement of city civil court. The case is still pending in the high court and till now stay has not been granted.

so i would like to know if A can execute the decree while the case is still pending in the high court.

deepak (self employed)     21 January 2011

 

23/09/2010
HON'BLE SHRI JUSTICE R. C. CHAVAN
FOR ORDER list before appropriate bench  
  24/08/2010
HON'BLE SHRI JUSTICE B.R. GAVAI
OTHER ORDER MATTERS place before Hon\'ble Shri Justice R.C.Chavan  
  09/08/2010
HON'BLE SHRI JUSTICE R. C. CHAVAN
FOR URGENT ORDERS ad-int.ord.cont.for 2 wks sub.to pay Rs.5000/  
  14/06/2010
HON'BLE SHRI JUSTICE RAJESH G. KETKAR
FOR URGENT ORDERS

s.o.to 12/7/10,ad-int.ord.to cont.till 9/7/10

 

 

this iswhat the orders have been passed and after that the case has not come up for hearing only

deepak (self employed)     21 January 2011

please help me with my question above

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