Reg appeal procedures..

Querist : Anonymous (Querist) 17 April 2011 This query is : Resolved
Respected Sirs,

I a defendant in a civil case had been aggrieved by the final judgment.

Hon'ble court failed to appreciate the oral and docementary evidence which was adduced in the case and the principles of law applicable.

The Court allowed the petition and granted a relief of perpetual injunction favoring the petitioners and restricting the def not to interfere and evict the pet using due course of law.

Now my doubt is that:

1.There are few IA's that were not closed.
2. I'm plannig to appeal in the higher court.
3.I was told that the case would be remanded and the trial would start again from the begining.
4.Is it advisable to appeal or file eviction suit.

Pl guide me in this regard. Matter is urgent.

Thank you sir

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adv. rajeev ( rajoo ) (Expert) 18 April 2011
It is better to file eviction suit.

barun deka (Expert) 18 April 2011
File an eviction suit.... An injunction of that nature anyway will not help them unless you are planning to forcefully evict them.... You have to evict them by a way of a suit for ejectment.

barun deka (Expert) 18 April 2011
By the way the right thing for you to do was file a written statement with a counter claim praying for ejectment in the suit.... That would have saved time

Parveen Kr. Aggarwal (Expert) 18 April 2011
As per the query "the Court granted the relief of perpetual injunction restricting the def NOT TO INTERFERE AND EVICT THE PET USING DUE COURSE OF LAW"

In my opinion, such a relief cannot be granted by the court.

Jitendar Kumar gupta (Expert) 18 April 2011
file the eviction suit/petition after terminating the tenancy of the tenant U/S 106 Of T.P.Act.
J.K.Gupta Adv.
New Delhi
9868529732

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