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Mahendra Singh   12 August 2019

Order 39 rules 2a

Dear Sir Interim injunction given by revenue board court to status quo to all parties to enter the name in mutation . Now I m constructing a house. And already done half work finished. Now my opposition party file a suit order 39 rule 2a in sdm court. Now my question is that 1. Sdm court can hearing this matter 2. Status quo order also maintain in construction house. 3 if not then where to apeal against this suit. Pls suggest me


 8 Replies

Shashi Dhara   12 August 2019

Engage advocate and try to vacate the stay

Mahendra Singh   12 August 2019

Sir Rights to hear by sdm court?

Shashi Dhara   12 August 2019

Yes object stay in SDM court and argue to vacate stay .if courts vacate the stay he may file miscellanious appeal if not vacated u file misc

Ankit Gupta   12 August 2019

on the above mentioned query please understand that in the SDM court, the civil procedure code is not applicable. So the suit for permanent injunction read with order 39 rule (1) and (2) or application under order 39 rule 2(a) is not applicable in your matter. So you can proceed to the honorable high court in this regard and file quashing of the proceedings i.e. Write Petition.

Ankit Gupta   12 August 2019

I forget that in the SDM court, the Revenue Code is applicable

Shashi Dhara   12 August 2019

Then u have to quash thru w.p.in high court against the stay order.

Mahendra Singh   12 August 2019

thank you sir

salila (student)     17 August 2019

appeal/ revision against sdm ,,the concerning collector would hear

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