Regarding judgement appeal
prabu
(Querist) 10 December 2012
This query is : Resolved
dear sir,
* I had a civil suit in district sub-court and now i got a judgement in favour of me.
* In that suit we asked mandatory injuction,removing encroachment which is occupied by 4 opponents.
* As we asked the judgement we got the same as we expected and the court given 3 months time to remove the encroachment for opponents..
> In that suit there are four opponents
* first person is experte
* second person received the judgement
* third person already removed the encroachment the encroachment.
* fourth person not recieved judgement.
MY QUESTION
* Do i want to register my judgement copy,if yes means why.
* if these people goes for appeal can i use this mandatory injuction to remove the encroachment.
* I already filed a caveat in district court,is there any option for them to put an appeal in high court without filing appeal in district court.
* what i want to do if the opponents not received the judgement.
prabhakar singh
(Expert) 10 December 2012
* Do i want to register my judgement copy,if yes means why.
Answer:NO you do not need to do so.
* if these people goes for appeal can i use this mandatory injunction to remove the encroachment.
Answer: Yes but only when they fail to get any stay of judgement in appeal.
* I already filed a caveat in district court,is there any option for them to put an appeal in high court without filing appeal in district court.
Answer:NO,When first appeal lies before District Judge then only Second appeal after disposal of first appeal would lie
before the HIGH COURT that too on substantial questions of law,if any, involved in the case .
* what i want to do if the opponents not received the judgement.
Answer:You need not worry for that,it is their concern.
If no appeal is filed by them or stay is refused by First Appellate Court then you should file Execution petition after passing of three months stated in judgement.
prabu
(Querist) 10 December 2012
Sir,
But in the judgement there is a mandatory injuction is there,then how can they get stay.
* the second person who received the judgement he ran a hotel in that place.after knowing about judgement he started to built some chimney like that.
* shall i wait for 3 months or start removing the encroachment by myself.
prabhakar singh
(Expert) 10 December 2012
HERE STAY MEAN SUSPENSION OF THE OPERATION OF JUDGEMENT TILL FINAL DISPOSAL OF APPEAL.
IF THERE IS COMMISSIONER'S MAP MADE DURING TRIAL THEN HIS NEW CONSTRUCTION BEING RAISED NOW CAN BE ASCERTAINED BY A NEW MAP AND IT WOULD BE GOOD GROUND OF OBJECTION ON YOUR BEHALF TO OPPOSE THEIR STAY APPLICATION,SURE COURT SHALL NOT GRANT STAY .
NO!YOU DO NEED TO WAIT FOR 3 MONTHS AND THERE AFTER TOO YOU CAN NOT REMOVE THEM ON YOUR OWN,RATHER AN EXECUTION PETITION FOR REMOVAL WOULD REQUIRED TO BE MOVED IN THE COURT WHICH HAS PASSED JUDGEMENT IN YOUR FAVOR.
