Civil miscellaneous application
Dr.SAAIE KB
(Querist) 11 September 2023
This query is : Resolved
I am a senior citizen and wish to avoid traveling.
I request the learned community to help me by posting format or template of Civil Miscellaneous Application and Criminal Miscellaneous Application of H'ble High court of Andhra Pradesh.
In an Interim Application the first appellate ADJ dismissed my petition under Ord XXXIX CPC seeking interim injunction. Now I am considering to go in appeal to High Court under section 39 of Specific Reliefs Act. So I want to see the format of appeal petition. The case is a bit complicated to explain in detail here. There are 5 defendants and D1 to D3 are proceeded ex prte. I signed agreement for sale with D1. D1 sold suit property to D2&D3 after filing suit for specific performance. D2&D3 sold to D4 & D5 that is hit by lis pendency- an issue framed by trial court. But the trial court in it's judgement did not touch the issue framed by it. But partly decreed in my favour ordering D1 to pay back my money with interest- ₹25 lacs. Now a new situation cropped up. D1 is insolvent. How to solve the issue of lis pendency? Now I want a lein on disputed property. D4&D5 have no locus standi legally to claim the disputed property though the disputed property is registered in their name by D4&D5.
Kindly help.
Regards and thanks.
T. Kalaiselvan, Advocate
(Expert) 12 September 2023
If you are planning to appear as party in person before high court then you can file the proposed revision petition on yor own.
However if you are not knowing how to draft the revision petition then you cannot be able to argue your case as party in person.
Besides it is not the template that alone is to be taken care in respect of the revision petition, lot of other formal procedures as per rules of practice of high court has to be adhered to.
Also you may not that you have to file a first appeal before court and not a civil miscellaneous application.
The trial court has passed a decree and judgment hence you are required to file an appeal instead of CMA.
Therefore it is advisable that yo take the assistance of an advocate either from this forum or outside in order to conduct the case effectively provided you are really serious about the subject.
