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Pradeep Ganesh Joshi   10 June 2020

Can i appeal upper court for imidate relif

Hello, My road to farm case is pending in civil court since last two years stage of case is "steps unready " for notice not delivered to x part, case is under act "specific relief act" "section 5", notice is not delivered to party which is nothing to do with the case, Can I Appeal district court or upper court to get road accses or some kind of relief?


 11 Replies

P. Venu (Advocate)     10 June 2020

Facts, as posted, lacks clarity. Please post complete facts.

Manogya Chava   10 June 2020

Greetings, the facts as posted by you are not complete and lack clarity for experts to provide an approproate remedy for, please provide all relevant facts which will enable a lively discussion. However, Section 5 of the Specific Relief Act provides for, Recovery of specific immovable property.—A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908. 

You may refer to this link for more understanding on the Act - https://www.lawyersclubindia.com/articles/specific-relief-act-1963-1757.asp

You may refer to this link for better understanding of Appeals - https://www.lawyersclubindia.com/articles/appeal-and-right-to-appeal-a-basic-understanding-6638.asp

Hope this helps. 

Pradeep Ganesh Joshi   11 June 2020

OK I will try to explain, my road accses to farm was blocked by opposite party around 15yrs back, I fought for this in revenue court around 12-13 yrs finally I got road accses, but opposite party moved to civil court before I could start using the road, since last two years case is pending for notice, opposite party made some party as opponents which are nothing to do with the case, even opponent don't have address of those people's nither I have, so notice to those parties are pending since last two years, no progress in case, court given stay to use the road at starting of the case, so I want some relief now to use the road, can I get it by any way? Thank you

P. Venu (Advocate)     11 June 2020

There is nothing that prevents you from seeking seeking interim reliefs in terms of Order 39 Civil Procedure Code. Moreover, has the Civil Court granted any stay on the decision of the Revenue Court?

Pradeep Ganesh Joshi   11 June 2020

Yes at present court has given stay to use the road, so I have to Appeal In district court?

P. Venu (Advocate)     11 June 2020

Yes, you can file an appeal or move the High Court under under 227, if so advised.

Pradeep Ganesh Joshi   11 June 2020

What is 227? Is it any act?

P. Venu (Advocate)     12 June 2020

Sorry, it is Article 227 of the Constitution., which provides supervisory jurisdiction the High Courts.

Dr J C Vashista (Lawyer)     13 June 2020

The orders passed by revenue court in your favour can not be agitated or appealed in Civil Court, there is a bar on the jurisdiction of civil courts in revenue cases.

Revenue Courts have their own channel of appeal upto Financial Commissioner in Delhi (equivalant officer/ Court in other States/ UTs).

Some relevant point of dispute are missing.

Can you supply a copy to me.

Pradeep Ganesh Joshi   13 June 2020

"The orders passed by revenue court in your favour can not be agitated or appealed in Civil Court, there is a bar on the jurisdiction of civil courts in revenue cases." is it applicable in Maharashtra? All the documents are in Marathi are you Ok with it? or I can explain points if you want Thanks

P. Venu (Advocate)     14 June 2020

In Maharashtra, there is no bar on decisions of revenue courts being agitated in civil courts. However, limitation would be governed by Section 29 of the Limitation Act.


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