Partha (AST) 10 October 2014

Common passage

This is related to a common passage and thanks to all dear friends , that as per your advice we won the case.

Lower court has given the judgement favouring us that as per easement right i have full right on the common passage. And the wall created by other side needs to be demolished by them from 90 days so that we can use the common passage.Judgement also mentioned that they can appeal to upper court with in 30 days.

So Please advice what needs to be done to protect my self so that this judgement is never dismissed.

Please once again help me to understand what should be my next step.

Regards,

Partha

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3 Replies

Hardeep (Business) 11 October 2014

An appeal is a legal right and has to be granted for in the judgement. In case the other party does go for appeal it can only be on strong grounds which do not seem to be here. If the appeal is not made within 30 days the other party can not take actions later ( generally ). Thereafter if wall is not yet demolished you can file for an execution decree.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 16 October 2014

If the other party goes on appeal you will become the Respondent before the higher court. If you keep quiet and do not appear in the higher court and present your case there is a chance that you loose there. Hence you have to be vigilant till the very end.