Original suit dismissed in sessions court

dheepak srinivasa (Querist) 01 December 2012 This query is : Resolved

I am the plaintiff in the original suit and the suit is based on equitable mortgage by deposit of title deeds, but now the judge has dismissed the case.. and I am in process of filing an appeal in HC, but now the defendant armed with order of dismissal is trying the sell the property... 1) can he sell the property before the appeal period? 2) what remedies do I have to prevent this?

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R.K Nanda

(Expert) 01 December 2012
file appeal with stay application asap in HC

and get stay order in ur favour to stop def.

from selling the property.

ajay sethi (Expert) 01 December 2012
if your suit has been dismissed move high court in appeal and seek stay of impugned order . in this bear market it is not easy to sell property . sale takes time .

Raj Kumar Makkad (Expert) 01 December 2012
The defendant can do whatever is within his reach as there is no stay order of any court against him so it is up to you not to waste much time here and there and seek stay order from high court by filing RSA.

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