Appeal in case of specific performance
Rohit77777
(Querist) 03 September 2012
This query is : Resolved
If the plaintiff get decree for specific performance and it is ordered to tender the balanced sale amount within 2months and the defendant file appeal but there is no interim or any order to stay the order of lower court. what type of difficulties the defendant will face in this situation.
Advocate M.Bhadra
(Expert) 04 September 2012
Without stay order plaintiff can proceed to execution of the Decree.
Advocate Bhartesh goyal
(Expert) 04 September 2012
Plaintiff will deposite the balance amount in court and will get execute the decree and get registered sale deed through court and get possession of property in question.
Naresh Kudal
(Expert) 04 September 2012
without interim stay in appeal, execution of decree cannot be stopped.
JANAK RAJ VATSA
(Expert) 04 September 2012
if there is no stay, then the plaintiff can deposit the amount and have the execution decreed