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Yogesh masi   27 October 2024

Final stage case

Hello Respected lawyers

I really appreciate your valuable feedback if you could guide in below situation.

Well, we have on going case civil regards to property and the case is in arguments stage.

I am defendant and the plantif filed a case against property after all delayed tactics (from plaintiff) the case is in final stage. 

My question is simple plantif filled case and from day one they starred asking for compromise compromise intension of taking some share in property however we are not ready never accepted any share nor compromise. 

The plaintiff and there advocate are over smart and making the case confuse and I am guessing they are also in touch with our advocate because some of the important evidence and during cross examination they are not pointing out. And they are telling this should have showed during evidence now we cannot keep or show or ask them like that......

So my question is what if the case went in favour of plaintiff?

***Do we get time frame to appeal***?

Please guide me like next steps after judege passing order? 

Do I need to more alert what I can do?

Please advise 

 



Learning

 7 Replies

T. Kalaiselvan, Advocate (Advocate)     27 October 2024

If the court is passing an order in their favour then you can prefer an appeal against the aggrieved judgement within one month before district court or within three months before high court.

Advocate Bhartesh goyal (advocate)     27 October 2024

Since the judgment of  court is appeal able so you right to file appeal before appellate court  within limitation period.

 

Dr. J C Vashista (Advocate )     27 October 2024

Yes, if you feel aggrieved by the order passed by the Court you are at liberty to file an appeal.

"Next step after passing judgment" is to wait and watch till handing over the judgment.

Hypothetical and academic topics of "remaing alert" cannot be presumed and obliged.

Seek advise of your lawyer,  who is an able, competent and intelligent persons and fully aware about facts and circumstances of the case. However, if you have lost faith in your lawyer replace him / her immediately.

Yogesh masi   28 October 2024

Thank you very much @T. Kalaiselvan, Advocate

Advocate Bhartesh goyal

Dr. J C Vashista

So I can apply for appeal in mean time can plantif do any drama Like occupying property or make any changes to property?

FYI there is also status quo on property and injunction order pending in different suits.

This is separate suit claiming that property belongs to them.

Please advise 

I appreciate your valuable feedback 

 

Dr. J C Vashista (Advocate )     28 October 2024

During limitation period no execution can be admitted. 

In the appeal file application to stay operation of the impugned order, if any and obtain it to restrain the opposite party i.e., plaintiff / respondent in appeal.

Donot mix proceeding of two different cases/ suits regarding status quo, where one is at final stage whereas another one is premature (stage not mentioned by you).

adv.raghavan (Advocate,9444674980)     31 October 2024

it is better not to engage anyone you suspect and do not suspect after engaging, wait for the outcome and you have two appeals to establish your case if it is negative. Nothing can be done without your knowledge.

T. Kalaiselvan, Advocate (Advocate)     31 October 2024

As you will be preferring an appeal, you can fila an application in the same appeal seeking stay of operation of the judgment till disposal of the appeal, this will prevent the plaintiffs from going ahead with their suspected nasty ideas of occupying the property before the appeal is decided 


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