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vipinfo   25 December 2017

High court stay order

I would appreciate if anyone can explain following points mentioned by High court in the stay order.

Issue notice to resondent on payment of process fee withing seven days, It be made returnable within four weeks, failing which this revision shall remained dismissed automatically without further refrence to the court.

Its an order for stay of execution of eviction order passed by local rent control authority and we appealed on high court for which we have received stay but this particular line is confusing me.

Also I have read Madhya Pradesh accomodation Control Act and it is mentioned that we can appeal against the rent control authority' order to the district judge or additional district judge then why our lawyer has filed this into the high court?

Here is the clause mentione in the act:

31. Appeal to District Judge or Additional District Judge. - (1) An appeal shall lie from every order of the Rent Controlling Authority made under this Act to the District Judge or an Additional District Judge having territorial jurisdiction (hereinafter referred to as the Judge) and the decision of the appellate Court shall be final.

 



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 3 Replies


(Guest)
Notice has been issued in your revision petition to the opposite party subject to condition that Process fee is filed within 7 days from the date of passing of Order. If it is not done within such time frame your revision shall be dismissed.
As far as why your lawyer has approached HC you need to get clarification from your lawyer only.

P. Venu (Advocate)     26 December 2017

The directions pertain to steps required to be taken for serving the stay order on the respondents. Your advocate or his clerk can take of the procedure. 

vipinfo   26 December 2017

Thanks Anupam and Venu for clearing my first question. Can anyone please explain why my lawyer has approached to high court instead of appealing to the district judge.

Even if the lawyer has filed application to high court still the court should have issued directions to take this to district judge, isn't it?


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