Restore petition in lower court after high court issuing the stay order
sagar Rao
(Querist) 12 December 2016
This query is : Resolved
Sir/Madam
I had given 3 complaints against my neighbours for unauthorised & illegal construction of building to Municipal Corporation in the year 2013, in district court case was dismissed by judge for default on 10.01.2016, then I had approached the municipal officer to demolish the illegal buildings but he had refused to do.
In mean time state government was introduced Building Regularisation Scheme in Municipal Corporation and my neighbours are applied in the scheme before dismissal of case in the court.
In September 2016 I had filled Write Petition against one neighbour & municipal corporation in High Court for demolition of building and not to regularised illegal building in the scheme, High court was given interim stay order on 20.09.2016 for not to regularise.
My neighbour counsellor filled vakalath on 17.10.2016 and vacant stay petition on 17.11.2016 in high court.
The following reasons mentioned to vacate the interim stay orders passed in my write petition
1.Due to continue absence of his counsel the case of dismissed and not on the merit of the case.
2.Filled restore petition in the district court on 17.10.2016 on the same day of filling vakalath in the high court & district court accepted the restoration petition on 28.10.2016.
3.He was saying that I am not is immediate neighbour - in fact my and is compound walls are attached, he is having 200 sq yard plot of which 77 sq yards of my plot are attached.
4.I was giving the false complaints against my neighbours to Municipal Corporation and blackmailing the residents in the locality for wrongly gains – In fact all my three complaints were booked and court case was filled.
5.In High court interim stay order date of dismissed of case mentioned by court people as 04.05.2016 - in fact it was dismissed on 10.01.2016 and same was mentioned by me in my affidavit, now they are saying that I was misguided the court.
1.My question is that after high court issued stay order on 20.09.2016 and after 27 days I, e on 17.10.2016 they have filled restore petition and same was accepted by lower court on 28.10.2016 (I, e 37 days) - is that high court accept the restore petition and can impact in high court judgement in these case, as lower court dismissed the case on 10.01.2016 and after 9 months 7 days they have applied for restore petition.
2. If court people wrongly mention the date of dismissal, how can they say I was misguided the court.
2. Shall I file damage of my reputation petition after completion of case please inform, and kindly comment on the reasons mentioned for vacant stay petition and suggest / advice anything in these case to me for which I am very thankful to you
Note: My counsel had advised on all the above things, still I want to know your experts opinion on the above said points.
rajeev sharma
(Expert) 12 December 2016
your counsel is the best person to advise you in this matter because he knows all the details of your case.
Kumar Doab
(Expert) 12 December 2016
Your own counsel must have opined.
Rajendra K Goyal
(Expert) 12 December 2016
Full case file need to be referred, show full case file to local lawyer and have second opinion.
Ms.Usha Kapoor
(Expert) 13 December 2016
Your lawyer is the best person to guide you.
R.K Nanda
(Expert) 13 December 2016
agree with experts.
Dr J C Vashista
(Expert) 14 December 2016
Seek opinion and guidance of your lawyer, no need to doubt his/her ability, have faith.
