Evication Possession

Paramaanu (Querist) 03 October 2010 This query is : Resolved
We have a caviet against tenent in high court.
If the Tenents submit in Dist court that they have applied for appeal in high court, can district court go ahead and order to recieve posession of the (locked but unused by tenent) premises thru belif ?
Is it not necessory to have a Stay to halt the order of possession ?

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sachin sethi (Expert) 03 October 2010
Unless and un till there is any stay order from the High Court, the Distt. court can execute the order of possession, in the manner as it desires. however as a rule of caution the subordinate courts are reluctant to do so.

PALNITKAR V.V. (Expert) 03 October 2010
Provisions relating to appeal and O 41 of CPC makes it clear that mere filing of appeal shall not operate as stay to the execution.

s.subramanian (Expert) 03 October 2010
I agree with the above views.

G. ARAVINTHAN (Expert) 03 October 2010
ya. the tenant must get an order of stay from the Appellate Court to make the Lower court not to proceed with the matter