appeal in high court

Querist : Anonymous (Querist) 20 March 2010 This query is : Resolved
i had filed a municipal appeal in the chief judge, small causes court at hyderabad. the stay order granted is not satisfactory for me. what are the options open to me? the next hearing is after 15 days. can i approach the high court now or should i do it after the final judgement?

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Raj Kumar Makkad (Expert) 20 March 2010
You an again approach High Court for the desired purpose and need not wait for final verdict. Even provision of appeal lies with DB in various matters, if not satisfied with the judgment of single bench.

Parveen Kr. Aggarwal (Expert) 20 March 2010
You have not specified what relief you claimed in the stay application and what relief has been granted while passing stay order? In case the relief as claimed in the stay application has been granted then you cannot approach any higher court. Please be specific about the matter and the reason(s) for your dis-satisfaction from the stay order.

Querist : Anonymous (Querist) 21 March 2010
the relief i claimed was waiver of tax but stay order is asking me to pay 50 percent.

Querist : Anonymous (Querist) 21 March 2010
my second query is if i lose the case in this court as stated before, the appeal in high court will be called first appeal or second appeal. please let me know. thanks.

Querist : Anonymous (Querist) 21 March 2010
my next query is if i file a suit for specific performance and pay the necessary court fees but the suit is rejected for being time barred, what will happen to the court fees already paid? thanks for your valuable answers.

Parveen Kr. Aggarwal (Expert) 21 March 2010
If you are not satisfied with the order granting stay of recovery subject to your deposit of 50% amount of demand, you may approach the higher court by challenging the order.

Parveen Kr. Aggarwal (Expert) 21 March 2010
In case you lose in the Court and prefer appeal, that will be called the First Appeal.

Parveen Kr. Aggarwal (Expert) 21 March 2010
In case of rejection of suit for specific performance for being time barred, you shall not be entitled for refund of the court fee paid by you.

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