Application to stay the proceedings in first appeal
praveen
(Querist) 06 November 2014
This query is : Resolved
If there are inter related matters pending in Second appeal( pedning in Highcourt) and first appeal, Can we file a applition to stop the proceedings in the first appeal till the Second appeal is disposed off?
If yes, Under what section we can do this?
Devajyoti Barman
(Expert) 06 November 2014
Why and how 2nd appeal is preferred before disposal of first appeal?
praveen
(Querist) 06 November 2014
Orginal suit was initiated for declaration and permanent injunction. During the process defendant claimed that the property was subject to mortgage to them and not redeemed. However, Plaintff was in possession for more than 3 decades. Lower court gave the permanent injunction subjet to redemption of mortgage in the absence of redemption deed.
Defendent file a appeal and it was decidec in first appeal that the redemption is proved even in the absence of redemption deed and confirmed the decision of the lower court permanent injunction. Against this order Defendent has gone to Highcourt.
Meantime since the lower court has observed that mortgage was not redemped in the absence of redemption deed, Plaintiff initiated a one more suit for redemption suit. However, the redemption suit was dismissed based on the limitation act.
Now since the matter is in highcourt we want to stop the proceedings for the second suit for redemption which was dimissed and pending in first appeal
Devajyoti Barman
(Expert) 06 November 2014
Two suits are of 2 different nature. You can not apply for stay on second appeal.
ajay sethi
(Expert) 06 November 2014
agree with mr barman
praveen
(Querist) 08 November 2014
We wanted to apply to stay for First appeal(Redemption suit)and not second appeal(highcourt). Can we request Highcourt to stay the proceedings in first appeal.
venkatesh Rao
(Expert) 09 November 2014
Not at all. Pl. see the reply of Mr. Burman.
