how can We dispose our property when RFA is pending in Delhi HC


Sir
we won civil suit in district court in 2016. opposite

party filed RFA in Delhi HC which was admitted put as regular case.till day no hearing has been started.
can we sell our plot as there is no stay from any court.we have certified copies of property doc and district court verdict & decree in our favour. kindly advise
 
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Lawyer

It can be disposed / sold if there is no stay grnated by Hingh Court in RFA assailing impugned order / decree passed by Trial Court.

 
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sir,
during trail at district court, opposite party tried to sell by creating forged documents and subsequently Fir u/s 420, 461,472&506 ipc is under trial. Original doc wet us are currently with court.how can we sell Just with certified copies of property doc and verdict with dicree in our favour.
 
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Retired employee.

But all such actions are subject to final judgment by a competent court and informing the fact of litigation to the purchaser.  It all depends on the present judgment by Trial court and grounds for appeal before HC and the purchasers can implead themselves to HC for fair judgment.

 

 
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LEGAL

If there is no stay you just proceed to sell the property but be sure that you have the proper title and won't to put someone else at risk 

 
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Advocate

Appeal in a civil suit is a statutory remedy. What is the hurry in making the sale? What is the advice of your advocate?

 
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sir, since 2010 I have been fighting the case and won all three suits in 2016.
but opposite party filed RFA and was admitted as regular in Aug 2018.no hearing has been started since than.i am not living in that area where property is situated.very difficult to maintain possession and look after.how can I defend. IT may take another 2 to3 yrs for case hearing to start in HC.kindly advise
 
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Lawyer

If the appeal (RFA) is admitted and directed to be taken up in the catagory of "regular" matter it will take about 8 to 10 years for its turn to reach the board, as present scenario in Delhi High Court.

Obtain Certified copy of the documents from judicial file and hand it over to the prespective buyer. Get the same verified (by inspection), it is as good as "Original" and you may dispose it of as you wish, there is no legal problem. 

 
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