Querist :
Anonymous
(Querist) 01 December 2010
This query is : Resolved
DEAR SIR,
i have purchased a land in chhattisgarh state,(dist..bilaspur).
i am owner and in possesion of land.
we got area marked from the Revenue board. in a meanwhile land dispute was occured .... the opposition third party approached civil judge class ii and filed a civil suit,we also filed a counter suit regarding the same land.thereafter,we produced a application of 39(1)(2)--injunction,and got in our favour,thereafter they got it quashed from DJ court.being aggrieved by this we moved to WP227 in high court.high court dismissed our interim application regarding "status quo till the suit is decided in lower court ". Q1 :--- now can we move to supreme court in SLP? q2:----- what is the remedy to secure our possesion until suit is decided in lower court finally ????
Sathyan A.R.
(Expert) 02 December 2010
you say that you have file a WP and lost it in High court. Now you want to prefer splleave petition.
Once the matter is decided in High court under Art.226 you cannot go the SC under article 32 since Art 32 is not appeal recourse. Yu may try special leave against the original vacation order of injunction. Then it may be hit by time limit.
Isuch matter it is better to consult a local advocate rather than seeking advice this way.
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