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Querist : Anonymous (Querist) 21 November 2011 This query is : Resolved
Lower court granted ex parte judgment against the defendants in civil suit and they defendants filed an application for setting aside such ex parte judgment and filed application u/o 39 Rule 1 & 2 for restraining the plaintiff from alienating, transferred the land in dispute and lower court granted stay restrained the plaintiff.
Then plaintiff filed appeal in the Court of District judge for setting aside stay, so tell me District judge can set aside the stay of lower court? Kindly tell me the authority on that district judge cant set aside stay order of lower court, i need this authority.
thanks so much.

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Devajyoti Barman (Expert) 21 November 2011
Yes the district judge has power to hear appeal under order 43 of CPC from the order passed by the lower court in injunction matters.

Rajeev Kumar (Expert) 21 November 2011
I fully agree with Mr. Barman

prabhakar singh (Expert) 22 November 2011
yes!I agree

Kiran Kumar (Expert) 22 November 2011
yes the appeal lies with the court of District Judge and the DJ can, after hearing the matter on merits, set aside the interim injunction orders.

M.Sheik Mohammed Ali (Expert) 22 November 2011
yes, i do agree

Sailesh Kumar Shah (Expert) 22 November 2011
I tooooo agree.

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