Intrim order granted by hc-karnataka ---infructus
anandakumara
(Querist) 05 July 2012
This query is : Resolved
1. Plaint has granted TI by Jr Div civil judege- for not to cut and remove the tress in schedule.
2. Misc Appeal filed in Sr-Div, and same was allowed (2-8-2010) then after 60days of the tress was cut and removed.
3. Now after 1yr 11 months WP filed by Plaint and Io granted by HC- karnataka. THe IO is stay the operation of MA.
Now my questions is now no trees are exist hiow the stay will servive and the declaration suit is pending in Sr-Div filed by REspondents?? What are the consequnces and what is the legal action should be taking from the Respondents
The matter is Mortgage was done in 1945 by respondents bu there are enjoying the schedule.
sanjeev murthy desai
(Expert) 05 July 2012
If you know that trees were removed why did you filed WP before the High Court. Any way you can file a another application for custody of removed trees.
Rajeev Kumar
(Expert) 05 July 2012
You should file petition in HC for custody of tree.
anandakumara
(Querist) 06 July 2012
The trees are removed 1.5 yrs ago., now how we can take the trees to custody.
Weather this stay will servive?? OR THe writ is not matainable??
anandakumara
(Querist) 06 July 2012
The trees are removed 1.5 yrs ago., now how we can take the trees to custody.
Weather this stay will servive?? OR THe writ is not matainable??
ajay sethi
(Expert) 06 July 2012
if trees were removed more than 18 months back you should have pointed it out to court at time of passing of order.
make an application for modifcation of order
