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Plz see my case and advice,,,,

Page no : 2

Adv. Neha ( )     20 November 2013

agree with Legal Expert's opinion.

mahesh kumar tiwari (student)     23 November 2013

Respected Sirs/ Madam,

                      In my case ,  there is a dispute between two real brother for a SRA Allotted room and suit was filed by elder brother against younger brother.  City Civil Court  passed and order and decree on 25th April 2013 in favour of Plaintiff and directed the defendant and restrained him to not to disturb the possession of the Plaintiff. against the said order , defendant filed a first appeal  before high court. both the parties applied for the certify copy of the order on 26th April 2013 and got  the same on 15th June 2013 after summer vacation. after getting the copy of the order , Defendant filed appeal in high court and high court directed to maintain status quo  by  both the parites. later on Plaintiff applied for certified copy of the decree and obtain it on 21st August 2013. again the Plaintiff filed the review petition before city civil court seeking the direction to remove the Defendant from the suit premises. but prior to that High Court passed the order for maintaining status quo. Appeal is not admitted yet and civil application  for injunction is also pending for service on the Respondents before High Court. only intrim order of status quo is passed till completion of the service to all respondents.

My Questions are 1) Whether Plaintiff can file a review petition during the pendancy of an appeal in high court? is not appeal is a continuation of the proceeding?

                       2)  Under order 40 of CPC, a review can be filed within 30 days after receiving copy of the order and decree. whether Plaintiff can file review petition after 65 days of getting the order and also applying for the decree after 45 days. whether it is not barred by law of limitation?

I will be great full if  suitable case laws also quoted.....

 

Thanksssss

Mahesh Tiwari

Advocate

 


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