U.P cooperative Society exparty decree
Querist :
Anonymous
(Querist) 19 June 2011
This query is : Resolved
Dear Sir,
My uncle lives out of india and he is having a plot in bareilly. He purchased it in 1997. A samiti secretary got a power of attornet from the land owner farmer in june 1992. In Feb 1992 samiti did the registered agreement also from the same farmers. That time samiti secretary and samity was having good relations and samiti allowed the secretary for power of attorney. in 1997 that secretry did bainama in my uncles favour.But in 2010 samiti files a case in U.P cooperative socity against that agreement and since my uncle is not living in india they got an order on 12-11-2010 from there for cancelling the bainama.
Now my uncle gave me the p.o.attorney for appeal in tribunal lucknow. I appealed in feb 2011 but tribunal only sending notices here and there and samiti filed that order in civil court bareilly to execute it.
Now tribunal court is not giving us stay and wasting time , then what is the sense of our appeal if samiti executed the decree from bareilly before stay.
Please help us
abhishek
(Expert) 20 June 2011
please get the dasti summon be issued from the appellate authority and get it served on samiti, without serving of notice it is quite difficult to get stay against samiti.
