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shivani (housewife)     10 February 2022

Possession suit.important

Can counter claim be filed by the defendant against the plaintiff after the possession case has been decreed in favour of the plaintiff ??



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 8 Replies

Adv.Asgher Mahdi (Advocate)     11 February 2022

If it within limitations period

SHIRISH PAWAR, 7738990900 (Advocate)     11 February 2022

Hello,

Defendant cannot claim any relief on the same cause which is already decided. You may file appeal in higher court as per limitation of case. 

shivani (housewife)     11 February 2022

Thanks for the advice..

I have moved a stay application in the high court to put a stay on the execution proceedings in trial court, as of now no stay has been granted but high court judge has issued a notice to the opposite side, so is this a valid ground to tell the execution judge to wait till the pendency of the stay application in HC?

Anaita Vas   11 February 2022

Respected Shivani, 

A.V.Murugan vs K.Maheswari, it was clear in this case's judgement that even in a lawsuit for partition, a defendant can file a counter case. You can file a counter case against other defendants as well. 

 

Regards,

Anaita Vas

 

 

shivani (housewife)     12 February 2022

@ anaita vas- thanks for your opinion!!

I have moved a stay application in the high court, as of now no stay has been granted on the first day, but judge has issued notice to the opposite side asking for there reply, once I get the execution notice by the trial court ,can i request the execution judge on the first date to stop for sometime as the stay application is pending in the high court ??

SHIRISH PAWAR, 7738990900 (Advocate)     12 February 2022

A.V.Murugan vs K.Maheswari


In this case, the court has observed that counterclaim can be filed in the same suit or by counter case. 

But as per query possession case is already decreed. 

shivani (housewife)     12 February 2022

Originally posted by : shivani

@ anaita vas- thanks for your opinion!!I have moved a stay application in the high court, as of now no stay has been granted on the first day, but judge has issued notice to the opposite side asking for there reply, once I get the execution notice by the trial court ,can i request the execution judge on the first date to stop for sometime as the stay application is pending in the high court ??

@shirish sir please guide on the above also, thank you

 

Adv.Asgher Mahdi (Advocate)     13 February 2022

You means to say when a possession suit ?


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