Can an applellate authority stay the order of the high court judgement.
Querist :
Anonymous
(Querist) 08 September 2011
This query is : Resolved
dear sir,
i filed a suit for possesssion for my property which had been usurped by my younger brother and running a successful guest house.
the high court decreed that he should pay market rent to me for use of my premises for my residence if i, plaintiff win the case and the suit for possession is decreed in my favour.
the will is probated by delhi high court. the def no 1, younger brother has taken a please of oral family settlement whereby he got the property.
this is all concocted and my elder brother shall soon depose in high court that there was no oral family settlmment. out of the other members one sister is no more and the other one is not appearing for either side.
in a nutshell the def 1 now knows that the game is up and has approached our lawyer through his lawyer for a settlement whereby he shall return the property to me but not pay mesne profits and rent due , which would amount to at least 60 lacs.
i am all against this compromise and would like to battle it out till the end even in the appeal that he shall file.
MY LAWYER OPIINES THAT WE SHOULD COMPROMISE, TAKE THE PROPERTY AND WAIVE OFF THE MESNE PROFITS AND RENT DUE.
HE SAYS THAT IF DEF 1 GOES FOR APPEAL THE APPELLATE JUDGE MAY STAY THE ORDER AND THE CASEE SHALL LANGUISH FOR YEARS TOGETHER.
I HOWEVER FEEL THAT WITH THE CHANGED ENVIRONMENT DUE TO THE ANNA HAZARE CAMPAIGN AND THE NEED FOR A JUDGES ACCOUNTABILITY BODY, WHICH SHALL BE SOON IN OPERATION, THIS IS EASIER SAID THAN DONE.
MY QUERY IS:
IF THE SUIT AND COMPENSATION OF SAY 5RS 50LACS IS ORDERED AT THE HIGH COURT DOES DEF 1 HAVE TO PAY IT BEFORE HE FILES AN APPEAL TO ME.
WHAT ABOUT THE USE OF PREMISES FOR THE PERIOD OF USE AFTER PAYMENT OF RENTAL DUES TILL SUCH TIME THE APPEAL IS DISPOSED OFF
CAN A JUDGE IN THE APPEAL CASE FORCE US TO COMPROMISE AND IF I DONT, STAY THE ORDER.
KINDLY ENLIGHTEN
VINAY KALA SEP 8
Raj Kumar Makkad
(Expert) 08 September 2011
1. It is not necessary but it is advisable to file an application before HC to direct the respondent/defendant no. 1 to pay all current rent as well arrears s you are forced to pay all these expenses on every month. It is not necessary that SC shall direct the appellant to pay arrears of rent first before entertaining his appeal. It may stay the impugned judgment till finalization of its final verdict.
2, It shall be decided by HC.
3. No. You cannot be forced but generally judges expect the parties to come to a mutually agreed settlement to maintain good sense among litigating parties.
prabhakar singh
(Expert) 09 September 2011
An act of compromise is your sole wish on which no court can impose or compel you to enter into.
If damages for wrongful use and occupation is granted by original court then in case of appeal,the stay shall not be granted by appellate court unless your brother deposit 1/2 of the amount in court(may be full also).
It appears that some gratification has been offered by your brother to persuade your lawyer to make you agree,here to he is running the guest house,i mean he is trading off a business.
