Common passage case
Partha
(Querist) 15 January 2015
This query is : Resolved
Dear Sir,
i owned one civil case which is related to
one common passage.
Court order mentioned that other party can go
for appeal in higher court with in 90 days.
now other party has filed an appeal in higher court.
So can the judgement be reversed in thus appeal by higher court.please advice.
please guide me.
Regards,
Partha
ajay sethi
(Expert) 15 January 2015
appellate court can stay /set aside order of trial court
Sri Vijayan.A
(Expert) 15 January 2015
Appellate court have the power to modify. However, it cannot do so on its own. It shall go through the case, proceedings, its order.
If it finds any flaw, it can modify/ stay the order.
Otherwise, if now flaw, the earlier order would be right.
So, be in touch with your Advocate. Have another round of preparation for appeal with him.
Partha
(Querist) 15 January 2015
Thanks to all.
T. Kalaiselvan, Advocate
(Expert) 18 January 2015
Agreed to advises, appellate court will first conduct the appeal proceedings, will decide the appeal on merits.