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Adv.Asgher Mahdi (Advocate)     27 February 2022

Stay of proceedings

In an instant case the court in a partition suit decreed the matter and dispose off the matter by drawing F.D.P which later got registered before the jurisdictional registrar say about a decade, whereas, instantly the LRs of JDR challenged the F.D.P before a competent court as the same is obtained on forged documents. The hon'ble court has admitted the suit and is pending, but the Decree Holders in that suit now filed an application for partition further share of the petitioners pending with the challenged F.D.P.  

Now the query is can any one of the interested party brings Stay u/s 10 of c.p.c? OR the instant court can proceed for further partition by keeping abeyance to the pending suit?



Learning

 1 Replies

Ashok Cardoz   27 February 2022

Dear Sir/ Madam I need your help on the below query. How to get Stay order or to deposit rent in court. I have filed civil suit against my brother for which the court passed an injunction order against him that he should not sell, transfer,alienate ,part with possession or create third party rights until further orders. He has not obeyed the court orders n has given the premises on Rent for which he is only benefitting from it. Secondly I filed a criminal against my brother n others for Forgery n Cheating. He has forged my signature on certain documents for which n FIR is registered in Khar Police n charge Sheet is filed. Only accussed is absconded n is abroad for which charge Sheet is pending. My brother had gone to quash the FIR in Highcourt for which the court dismissed his petition. Now I would know how get the rent deposited in court or put stay order on the premises. Please help Me. Your prompt reply will be highly appreciated, Thanks n Regards XYZ

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=222920


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