Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Balaji Bakthavathsal (+919444448455)     02 September 2019

Appeal in the next appellate court when crp pending

A group of fraudsters attempted to grab our property by creating false documents and registering them with the registration department. A Civil suit was filed in the lower court in the year 2010 against the fraudsters seeking permanent injunction restraining them from interfering the peaceful possession of the property and mandatory injunction to the registration department to annul the fraudulent encumbrances made on the property.

                The respondents abstained from the court hearings and the court declared them as ex-parte. One of the respondent filed an IA to set aside the ex-parte order. But the court refused as the IA petitioner filed the petition well after the time limit and did not justify the delay to condone.

                The unscrupulous respondent then moved to High Court of Madras by filing a CRP with the request to set aside the order of the trial court and commence the trial from the beginning. The CRP was filed in the year 2014. No stay was granted by the High Court on the CRP and the trial court proceeded the trial after taking ex-parte evidence and finally released the judgement & decree of the suit in the year 2016 favouring the plaintiffs who were having the clear documents on the property.

                And now the respondent who filed the CRP in the High Court filed an appeal petition in the next appellate court (sub-Court) challenging the trail court judgment & decree and dragging the appeal suit for more than three years without coming forward to conduct the appeal suit.

                Now the question is whether the respondent can file the appeal suit when already the CRP filed by him is pending in the High Court ?  He could have very well contested the CRP and why he again should waste the court time by filing the appeal ?

                Can any one of the learned lawyers explain the legal solution to this problem ?


 1 Replies

Isaac Gabriel (Advocate)     24 September 2019

The same can go simultaneously. But  the order of the High will ave a bearing upon the pending appeal.

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