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M V S ANIL KUMAR RAJAGIRI (ADVOCATE)     30 September 2011

Civil suit appeal in high court

Sir/Madam, One of my relatives filed a suit for declaration and injuction in District Additional Court.The Court passed exparte perpetual injuction against defendants.After one year the defendant opened trail proceedings claiming his medical unfit.After the proccedings , the court dismissed plaintiffs suit.Then we preferred the the Appeal in High court against lower court judgement and it was also numbered and pending.But the High court didnot gave any stay or interim direction.The site was in our possession and enjoyment and huts are in the site.Now the defendant trying to aleinate the schedule property by brokers and influencing people.If any body come to site and trying to occupy the site then what is the remeady?If the defendant have any right while the Appeal is pending before High Cout?Whether the District court judgement have any value wherein the Appeal is pending(Stay petition was pending) before High Court?


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 4 Replies

pandit shivdsrao anerao (nanded)     02 October 2011

land acquisation  its appeal    for compensation

kvss.prabhakar rao (Advocate )     09 October 2011

If your appeal allowed in favour  the lower court decree would be set aside. In case during the pendacy of appeal  the subject matter of land if the defendant hand over the posession . You can file petition under Sec 144 of Civil Procedure Code for restituion. 

Sec 144 C.P.C Application for restitution.; - Where and in so far as a decree or order is in any appeal , revision or other proceedings or is set aside or modifide in any suit instituited for the purpose, the court which passed the decree or order shall on application of any party entitled to any benefit by way of restitution or other wise cause such restitution to be made as  will , so far as may be,place the parties in the position which they would have occupied but for decree or order or and for this purpose the court may make orders , including orders for refund of costs and for the payment ofinterest, damages, compensation and mesne profits, which are properly.

K.V.S.S.PRABHAKAR RAO

ADVOCATE

RAJAHMUNDRY (A.P.) 

M V S ANIL KUMAR RAJAGIRI (ADVOCATE)     11 October 2011

Sir,

      The land is in our possesion but we affraiding regard to defendant illegal activity i.e.using goondas or police men by influencing.The high court not granted any stay or injection only pending stage.In this situation the lower court judgement have any validity while the appeal was pending before the high court?Please quote relevat provisions and case laws

Pradeep Kumar (Lawyer)     13 October 2011

Dear Sir,

  Appeal is a continuation of Suit and since the High Court has erred in giving you the stay on the suit property,I wonder why? However,you can again move an application seeking the intervention of the Hon'ble Court for preventing the damage on the suit matter.One more thing,that if you are in possession of the property no one,even the owner can not oust you in illegal manner.So enjoy the possession and take legal steps correctly.

 

Pradeep Kumar

 Advocate

09871765000


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