Civil revision application
Ramakant Tiwari
(Querist) 01 July 2012
This query is : Resolved
Dear Sir / Madam,
My self Ramakant Shashikant Tiwari, want to that we have a Room (10*12) in wagle estate thane, which was given to tenant who was residing before 1995, and he has sub-letted room to one of sub tenant, from who was he was taking 1500 RS / month and were paying to me only 100 rs. Hence I called him with some neighbour for settlement of the same as my family grews up and we have no place for accomodation. Then finally he agree to do so and taken 40,000 RS in front of my neigh bour and hence he therefore given possession of the said Room to me peacefully in front of my neigh bour, who has been witnessed.
After 2 months, he came to me and said to vacate my Room, I told already we have settled the same but still he was not ready to listen and went to nearest police station and filed a suit against me and my son about that we have broken the lock, and taken all his ornaments and taken possesion of said Room forcefully, Police officials come to me and said regarding the same, then he they have arrested us and taken to nearest Police Station then after we relese on bail from Hon Thane Court, after three years no evidence was found and we release from District Court, But the opposite party same time has filed a case under section Special relief Act.
Now we loose the case filed by him in Thane Jr Division under Special Relief ACT, and now he has filed for possession of the said Room as at present possession is with me
Within the certain period in which I was suppossed to file the suit against the judgement given by Jr Division thane, I have filed in Bombay High Court under Civil Revision Application and now query is that whether i will get stay from Hon High Court to retain the possession and let me the grounds under which I should get the stay order for same.
Please reply as it's very urgent
Thanks and Regards
Ramakant Shashikant Tiwari
MO: 08433466055
Devajyoti Barman
(Expert) 01 July 2012
Appeal would lie from the decree passed against you.
The time limit is 30 days from the date of passing of final judgement and order excluding the time taken to obtain the certified copy provided the same was applied within 30 days from the date of dceree.
If the said 30 days has expired in the meantime then also the appeal would lie but for that you have to file a petition u/s 5 of the Limitation Act explaining the delay on cogent reasons.
Ramakant Tiwari
(Querist) 01 July 2012
Dear Sir,
I have already appeal in high Court of the next day itself, when i received certified copy from Court i.e with in 30 days of time given.
Please Let me known if have made an appeal in High Cout under Civil Revision application than what is the ground in which i supposed to get Stay order to retain the possession.
Devajyoti Barman
(Expert) 01 July 2012
when appeal is pending what is the need for revision?
Both revision and appeal on the self same order is not maintainable.
