Lower court staying of ep proceeding in higher court
Srinivasan P
(Querist) 08 August 2015
This query is : Resolved
My tenant against a eviction notice went to Additional Munsif court for a Injunction & to continue tenancy in 2006.It has come for trail in 2012 and now getting adjourned for Judgement&Order repeatedly.I went to Sub-Ordinate court on the same matter on a different count, got Eviction Order.Tenant's appeal in District&sessions Court was dismissed & eviction confirmed. TENANT did not go for 2nd appeal for last 3 years. Now it is on EP proceeding. On 2006 filed petition the the tenant lawyer is asking stay on EP. CAN A LOWER COURT STAY EVICTION
ORDER OF HIGHER COURT & STAY EP PETITION.
P. Venu
(Expert) 09 August 2015
An execution court cannot travel beyond the decree except on the ground of jurisdiction.
Rajendra K Goyal
(Expert) 09 August 2015
Court not likely to grant stay on execution.
dev kapoor
(Expert) 09 August 2015
Hi
You better file a caveat ....
R.K Nanda
(Expert) 09 August 2015
only higher court can stay execution.
T. Kalaiselvan, Advocate
(Expert) 15 August 2015
The EP Proceedings cannot be stayed by the executing court, only the appellate court may pass an order to stay the proceedings.
