Appeal pending but no stay
sheela
(Querist) 05 October 2016
This query is : Resolved
I have filed an appeal against the order of the Estate Officer under the Public Premises Act for recovery of damages for unauthorised occupation of a govt quarter. Notice of appeal has been issued to EO. The appellate court has not granted me stay. Can EO execute his order in such circumstances or he shall have to wait for outcome of appeal
R.K Nanda
(Expert) 05 October 2016
EO can execute it's order in absence of stay.
sheela
(Querist) 05 October 2016
Thanks a lot all experts. Does it mean right to appeal is in namesake only: the moment EO executes his order, the appeal becomes infructuous. Very weird. Law is truly an ass
Kuummaar AS
(Expert) 05 October 2016
Sheela,
YOU HAVE SAID
"Law is truly an ass"
DO THESE WORDS SUIT YOUR NAME?
Ms.Usha Kapoor
(Expert) 06 October 2016
Yes!EO can execute the order in absence of stay by the appellate authority.
Rajendra K Goyal
(Expert) 06 October 2016
you have used dirty word for law, should avoid.
Whatsoever law is in your views, we have to follow, law, system, procedure, rules till changed.
sheela
(Querist) 06 October 2016
Yes, I fully agree. I should have refrained from using those words. I apologise.
Kuummaar AS
(Expert) 06 October 2016
Sheela,
Very good. That should be the spirit and courage.
Guest
(Expert) 06 October 2016
Ms. Sheela,
Is it not a matter of surprise that you have been able to file an appeal without following the process of filing a petition against the order of the EO and getting judgment on that?
Can you clarify the issue how that happened?
sheela
(Querist) 06 October 2016
If I have understood you correctly, Sir, I did file an application for stay with appeal. The AA did not give ex parte stay. On the next day of hearing which was 15 days later, AA said the appeal was defective as certified copy of some documents relied on in the appeal had not been filed. AA has asked me to file certified copies by the next date of hearing which is 3 weeks hence (27/10/16) and refused to decide on stay application till then. I am really in great difficulty. One month's period given to my client to pay the damages with compound interest in EO's order is due to expire on 9/9/16 after which date the EO would simply issue a certificate u/s 14 to the collector to recover the amount as arrears of land revenue. After issue of this certificate, my appeal, I suppose, becomes useless and AA may dismiss it, in my view, as infructuous. What is the way out, Sir. Can I get any relief from Delhi high court. My client, a pensioner is crest fallen naturally. I curse myself for landing him in this trouble.
sheela
(Querist) 06 October 2016
I forgot to add. The unfortunate part is that the EO's recovery order is full of legal lacunae and my client had very good chance of getting it aside in appeal. That makes my cup of woes full.
Kumar Doab
(Expert) 06 October 2016
I too Appreciate for taking back comments in bad language.
Guest
(Expert) 06 October 2016
Ms Sheela,
In what of your capacity the pensioner is your client, as your profile does not speak about you to be a lawyer?
Dr J C Vashista
(Expert) 07 October 2016
The experts are forced to respond to the whims of author for her fabricated and hypothetical academic query in absurd language.
The appeal was accepted in registry without "Certified copy of impugned order"???
Never.
The Appellate Court is mature enough and well experienced to consider/understand the repercussions of such an order (under challenge) and shall (not may) grant ex-parte stay for execution proceedings, particularly when the impugned order for eviction has been passed by Estate Officer, the averment of author are hypothetical, wrong and conception is misleading.
@ Sheela,
Basically the platform is to advise the litigants and not to provide any tutorial service, please note.
sheela
(Querist) 07 October 2016
Thanks everyone for generous help. Trust me it was never my intention to misuse this platform and I have not.
Kumar Doab
(Expert) 07 October 2016
Authro @ Sheela,
You were gentle.
Appreciated.
