Plaintiff Options: Unexecuted Decree vs. Defendant's Appeal

Stephen (Querist) 06 January 2021 This query is : Open
Dear Respected Sir,

I had won suite for money recovery in a cheating of property and also applied a caveate in high court. While I have not applied for decree execution yet as I am still tracing defendants correct address and property details to be used a attachment. Meanwhile defendant has raised an appeal.

I am seeking your advice and next steps help.

a) is it allowed that defendant can raise appeal while he has not paid any amount to the court including my court fee
b) As I have won the case with proof of prior case judgement and orders which defendant acknowledge during cross examination. Therefore what legal steps I need to take such that defendant dosent block do decree execution.

Thanks
Stephen

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Isaac Gabriel (Expert) 07 January 2021
Have you councel? If so obtain copies if not already obtained. The counter case as advised by your councel.

Dr J C Vashista (Expert) 08 January 2021
Whether the suit was decreed ex-parte or contested ?

Stephen (Querist) 08 January 2021
Dear Respected Sir,

As per my understanding COVID lockdown, defendant was not present, but his advocate was present during argument and judgement was said and drafted.

With the above insight, kindly help me how I can take my issue forward and not face further painful delays. And what steps I should take.

Warm Regards
Stephen

Guest (Expert) 08 January 2021
You had not stated whether the Appeal was granted. If it had been granted you have to contest it and decision and discretion of Courts can not be questioned.

Stephen (Querist) 08 January 2021
Dear Sir,

As I understand since I have been informed / notified that the defendant has raised appeal. Hence my question was in what circumstances defendant raise an appeal while I have applied for cavete. Besides from your query I presume court must have granted, so in that circumstance what are my right, approach and process and documents to be produce to court this appeal.

Any kind clarification on these is highly apprecaited.

Thanks
Stephen

Guest (Expert) 08 January 2021
Instead of making Assumptions please Confirm the Present Real Status of the Case.

Dr J C Vashista (Expert) 09 January 2021
It would be better to seek advise of your lawyer who is well about facts and circumstances of the case.

Stephen (Querist) 09 January 2021
Dear Sirs,

I am not making any assumption, I am have been informed that defendant have raised appeal. Therefore I wanted gain lawful understanding is it appropriate on what grounds defendant can raise appeal when cavete is filed while I am ascertaining defendants assets before I could invoke decree execution's. Therefore what option and steps I need to take to counter this appeal and not drag the case piller to post for the scheming things of the defendants.

Hope I could get some sound advice from the experts.

Thanks
Stephen

Rajendra K Goyal (Expert) 20 January 2021
If any notice has been issued to you, copy of appeal may have been enclosed with it. Such document would be containing grounds of appeal.

Your lawyer may inspect the case file with the appellate court / can get copy of appeal in case of need.

Stephen (Querist) 04 March 2021
Dear Sir,
While awaiting you advice on the above 2 month query... I gather that the defendants have gone with appeal in high court against judgement. However in viewing
the appeal info I gather below from appeal-id with scrutiny under progress. Therefore what should I infer from point-4 and what next steps should I take.
1. DETAILED MEMO OF VALUATION TO BE STATED AT APPEAL MEMORANDUM. 2. DEFICIT COURT FEE TO BE MADE GOOD AS PER SECTION 49(3) OF KCF AND SV ACT. 3. ACCORDINGLY VALUATION PARA TO BE STATED CORRECTLY. 4. IA'S TO BE INTIME, COUNSEL TO NOT PRESS THE IA. NEEDFUL FORTHWITH. RSK:19.01.2021
Thanks & Regards
Stephen

T. Kalaiselvan, Advocate (Expert) 07 June 2021
a) The defendant aggrieved over the judgment pronounced against him has rights to prefer an appeal against the judgment.
b) If there is no stay order by the appellate court, you may file an execution petition to execute the decree passed by the trial court in your favor, you don't worry about the defendant would do to object you r execution petition, you concentrate on your case alone

Stephen (Querist) 25 June 2021
Dear Respected Kalaiselvan Sir,

Thanks for giving assuring guidance. With I pressed forward with execution and even also took the back office Nazir clerk and showed the newly traced addressed of the defendant to serve notice. However defendant advocate pressed forward with RFA and highlighted to high court judge that the lower court judge did not allow to hear arguments and pointed some gaps in orders in the intervening periods of lockdown.

The high court judge allowed and requested lower court to conduct only arguments and disposed the RFA with action as “Allowed & Remanded” to be closed by 11-Jul. With this background I presume it’s not a stay on the execution, therefore will I still be allowed to continue with same Execution petition under same stage of notice to attach / arrest warrant of defendant without any impediments? Which is schedule for 29-Jul.

Seeking your kind help and appreciate your patience.

Regards
Stephen

Plaintiff options in un executed decree vs defendants appeal

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