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nandy   17 October 2022

Is lower court case on hold when writ is pending in high court?

We have filed a writ in high court challenging an IA order of lower court.
Will the lower court case be on hold till writ is disposed? do we have to notify lower court about writ etc?

The next hearing of the lower court case is coming up so we want to know if we need to do anything or just focus on the writ petition in the high court?



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 4 Replies

N.K.Assumi (Advocate)     17 October 2022

What is that (IA) say Interlocutory Application? As per the Catalogue of Supreme Court, it has listed out nearly 400 nomenclature of Interlocutory Application , so which is that IA,? and unless that is spell out it will be dificult to respond to your query. 

Sourav Das (Advocate Supreme Court of India)     17 October 2022

If there is no stay on lawer court proceedings from high court, lower court will proceed.

N.K.Assumi (Advocate)     17 October 2022

Aggrieved party in a civil case can always approach the High court against the Order of the lower court granting or refusing a prayer in an interlocutory application in a pending suit. In such a situation, question will be, whether granting or refusing Interlocutory Application will be challenge by way of appeal/revision or 227 of the constitution, can only be responded by knowing the nature of the Interlocutory Application in a pending suit, and there cannot ne any ready answer to the question whether lower court proceedings can be stayed when writ is pending in High Court. 

nandy   07 November 2022

sorry for delay in responding, the petition is under article 227, it seems there is a process where office objections from court should be addressed before the petition is heard. meanwhile lower court is proceeding and next date for hearing has been fixed. jhow to stop lower court till high court can hear petition?


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