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Elluru Sreenivasulu (Private Employee)     10 November 2017

Whether the superior court supports the encroachements???

Good Evening Everyone, When a Lower Court given an judgement for removing the existing encroachments which the municipal authorities also certified as encroachments, whether the superior court blindly stops the previous order? Whether the Superior court supports the encroachers in the name of natural justice???


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 11 Replies

pankaj verma   10 November 2017

no natural justice in case of encroachment..

Elluru Sreenivasulu (Private Employee)     10 November 2017

But the High Court has given Stay on the orders of the Lower Court.

pankaj verma   10 November 2017

stay ....is not the acceptance of encroachment... its only during d appeal or revison only

Elluru Sreenivasulu (Private Employee)     10 November 2017

Oh! Whether the court vacate the stay?? If the Court gives judgement supporting the Encroachments, What to do???

pankaj verma   10 November 2017

yes but its higher then that court..if high court then its s.c.

Elluru Sreenivasulu (Private Employee)     10 November 2017

The case is still pending in high Court.

pankaj verma   10 November 2017

for this u have to go for S.C.

Elluru Sreenivasulu (Private Employee)     10 November 2017

Can't we appeal the same in high Court?

G.L.N. Prasad (Retired employee.)     11 November 2017

A stay order is for maintaining status quo, and subject to final verdict.  An illegal thing can not be made legal by a Court decision, and a court can not resort to such illegality.

Elluru Sreenivasulu (Private Employee)     11 November 2017

Thanks for your valuable replies.

Dr J C Vashista (Advocate)     12 November 2017

The stay was granted ex-parte, it can be vacated by the same court i.e., High Court in instant case.

When the High Court (whether in appeal or revision) is satisfied that there is no requirement to stay the order(s) passed by lower Court it would recall the orders for which your lawyer has to apply and argue the case with all relevant facts and figures and reasons for passing the order by Lower Court (which has been stayed by High Court). 

Discuss with your lawyer in details.


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