How to file appeal

vijayj4.2012 (Querist) 28 September 2021 This query is : Resolved
Respected Experts,

Plaintiff filed declaration of title and possession of suit property in Senior Division as spl. c. .s.

In that defendant's submitted pursis as well as Affidavit's of Undertaking that they won't sell property but if neighbor start construction defendant's will do repair or construction of that portion as if necessary.

Plaintiff took objection on this pursis as well as Affidavit of Undertaking by submitting application that defendant's won't have right and title in property. Plaintiff only the owner of property and without Plaintiff written consent and court as well as municipal corporation permission they can not do any repair or construction in suit property. So Plaintiff prayed in application that do not consider affidavit as part of evidence, it is illegal so Plaintiff object it and reject this Affidavit of Undertaking.

Now honr. court ordered that application is FILED saying pursis is just information to the court it cannot be accepted or rejected.
But honr. court ignored the main thing that Affidavit of Undertaking and ignored in there order. Also instead of accepting or rejecting application they ordered it as FILED.
When we request to honr. court that instead of FILED please order on application either accepted or rejected by reconsidering the order, but honr. court saying to go appeal if not satisfied.

we want to file appeal.
But, The current application is not a interlocutory or injunction application. So, We need information:

Confusion is Under which section or order we need to file appeal?

Which kind of appeal we need to file either appeal or review or revision? and
What is its jurisdiction of senior division order to district court or directly high court.
which type we need to file Civil Misc. Appeal or Civil Revision or Regular Civil Appeal?

Kindly help us for this complicated issue.

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Quick Summary

The user is seeking guidance on how to file an appeal against a court order that they believe overlooked crucial aspects of their case, specifically regarding an Affidavit of Undertaking. The court marked the application as 'FILED' rather than accepting or rejecting it. They are unsure under which section or order to file, the correct type of appeal (appeal, review, or revision), and the appropriate jurisdiction (District Court or High Court).

P. Venu (Expert) 29 September 2021
Please post concise facts.

SHIRISH PAWAR, 7738990900 (Expert) 29 September 2021
Hello,

As per my opinion, you have to file a revision in District Court against the order of the senior divison.

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