About suit property possession
Nishikant Gaikwad
(Querist) 29 March 2014
This query is : Resolved
Dear sir, please give me guidance regarding my property matter. The case decreed against defendant from the Civil trail court and Session court. In judgement the order passed the defendant his agents or anybody claiming through him are hereby permanently restrained from preventing the plaintiff from entering the suit property.
Now, how shall plaintiff can get possession before the defendant goes to the High Court for stay?
I hope you could give your real opinion cum legal advice. Thanks....
Devajyoti Barman
(Expert) 29 March 2014
File execution proceeding in the trial court.
Nishikant Gaikwad
(Querist) 29 March 2014
Dear sir, thanks for your instant reply. But we can't understand exactly your opinion. According to me, The defendant has chance to go High Court for second appeal for the purpose of stay order against our possession. So, How can we file execution proceeding in the trial court?
Kindly, post your reply. Thanks....
Devajyoti Barman
(Expert) 29 March 2014
I have already replied.
Ask your lawyer to do so.
You are not supposed to know the legal procedure.
V R SHROFF
(Expert) 29 March 2014
u need to consult lawyers for legal procedures..
R.K Nanda
(Expert) 30 March 2014
consult lawyer personally.
T. Kalaiselvan, Advocate
(Expert) 30 March 2014
Your query is "how shall plaintiff can get possession before the defendant goes to the High Court for stay?"
Your case is a suit for injunction, thus it is presumed that you are already in possession of the property, then what makes you post query regarding possession of the property again when it is already with you?
Advocate. Arunagiri
(Expert) 30 March 2014
If you are already in possession, if the trial court and 1st appeal court decided in your favour, no body can interfere your possession.
The other party has every right to go for 2nd appeal challenging the orders passed by the lower court/s.
