Second appeal

pushpakrishna (Querist) 03 July 2017 This query is : Resolved
Dear experts
WE filed a suit for specific performance of a plot on agreement of sale and won the suit.the defendants filed an appeal in the district court and the same is allowed and we preferred a second appeal in the high court.the same is pending for admission as they filed caveat as soon as their appeal is allowed in the district courtbefore the high court and hence we filed second appeal .now it is pending for admission before the high court.
Now they want to sell the plot saying that as there is no stay at high court.our .kindly give the suitable advice on this.
In the high court they appointed an advocate also on their behalf
Thanking you experts in advance.

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Kumar Doab (Expert) 03 July 2017
The suit is decided in your favor.

Isn't it!

Advocate Kappil Cchandna (Expert) 03 July 2017
Sir,

Since it was decreed in your favor, why would u need stay in the property and so far as I understand second appeal will not be maintainable so far as there is a first appeal pending ....

Warm Regards
Kapil Chandna Advocate
9899011450,9911218741
https://kapilchandnaadvocate.wordpress.com/

Raj Kumar Makkad (Expert) 03 July 2017
In the given facts, you need to file an application before Hon'ble high court seeking stay order on the anticipated sale of the suit property. As the matter is subjudice, court shall definitely debar the caveator respondents from disposing of the suit property till the appeal is finally decided on merits.

Raj Kumar Makkad (Expert) 03 July 2017
@Mr. Chandna! Please go through the facts again. Suit was decreed but first appeal was allowed means suit was dismissed by District Court so the second appeal has been filed by plaintiff but the respondent is adamant to sale the property hence stay order is required,

pushpakrishna (Querist) 03 July 2017
My dear experts
Thanq very much for your kind and quick response .

Kumar Doab (Expert) 03 July 2017
You are welcome.........

Rajendra K Goyal (Expert) 03 July 2017
May proceed as advised by the expert raj kumar makkad.

pushpakrishna (Querist) 03 July 2017
Ok and Thanq experts we are proceedings as per your esteemed advice.
If any adverse order passed by the Honourable court is there any chance to go to the honorable supreme court.
Thanq and hoping for a suitable advice on this.and also thanq very much in advance my dear valuable experts.

Dr J C Vashista (Expert) 05 July 2017
Very well advised by expert Mr. Raj Kumar Makkad, I endorse his opinion and advise.

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