How to stop the district munsif court's delivery of possession order in a execution petition:
M/s. Y-not legal services
(Querist) 16 September 2010
This query is : Resolved
One of my office case, we are for the plaintiffs.. Also the defendants are counter claime petitioners with the same o.s number. On trial stage suit was dismissed for default.. After two days the defendants got exparte order also decree with then counter claim.. Subsequently they filed execution petition for delivery of possession.. Now coming to point.. I filed my counter statements in e.p subsequent i filed restore petition in suit, also set aside petition for the exparte against the counter claim.. Also numbered and suit is re opened.. Suit and e.p before two various courts.. In e.p i filed a memo, and informed to the judge, that suit was taken to trial, so execution petition's proceedings to be stopped until the disposal of the main suit. But the munsif judge passed order in e.p. In favour to the defendants in the main suit.. Now i have to secure my clients.. What i have to do? Please
M/s. Y-not legal services
(Querist) 16 September 2010
Note: now my memo petition not in court bundle.. Even court fee register also not entried.. Its purposely misplaced by court staffs or other side counsels.. I don't know how i going to see my client's face.. Because they are innocents..
s.subramanian
(Expert) 16 September 2010
Do not worry Mr.Pandian. You must have filed a petition under order 21 rule 26 for stay. memo is not maintainable. now that the papers are missing from court,make a complaint to the presding officer about it with a copy marked to the district judge. if no positive action is taken,you can move the high court under art.227 for redressal. do it fast. in that 227 proceeding itself you can seek stay of ep also.
R.Ranganathan
(Expert) 16 September 2010
First of all when you say the suit is reopened and pending then its earlier orders become infructuous and not binding and E.P. court has no jurisdiction to continue the proceedings. So you file another application before the E.P. fourt stating that the suit has been taken up on file, exparte order set aside and the suit is pending before the court concerned. Automatically the E.P. court has to stop its proceedings, and all its orders will have no value. Even if E.P. court orders anything, you don't have to worry. You can approach the HC and state the facts and get stay of the E.P. court but only and if only the exparte has been set aside and the suit is pending.
M/s. Y-not legal services
(Querist) 16 September 2010
Thank you subramanian senior, i prepared for high court filing.. Right now waiting for my certified copy of orders copy.. Now my doubt, is it possible before district judge itself? Cos you stating like as that..
M/s. Y-not legal services
(Querist) 16 September 2010
Yes senior, i have to be filed the stay petition.. But our ravichandran sir is that mentioned munsif judge.. I thought oral representation may be best.. Because that e.p was adjourned to orders without next hearing date.. But he may be forgot my representation.. Its ok. Its all in the game.
Rasik Dagli
(Expert) 21 September 2010
You can file an Appeal and ask for the stay of Order of Munsif.
RASIK DAGLI
Advocate.
