Impact of order reserved on interim decision challenged in high court
Bhuvan
(Querist) 03 November 2014
This query is : Resolved
Hello Experts,
Thanks for all this wonderful FREE legal advices.
Last year I got interim order against me and I had challenged the same in High Court-Delhi (Sec-482 CRPC), however no stay order is received from high court.
But before next hearing of high court(7th Nov 2014), district court judge has reserved the judgement on 29 Oct 2014 and have given new date of 11 Nov.
My Question is as my High Court hearing date is before District Court hearing date, does order reservation requires me to do something?
like: withdraw case from high court and wait for final order from district court then file case in high court u/s 397
Thanks
ajay sethi
(Expert) 03 November 2014
since no stay is granted by HC DC would be free to pass orders on merits on 11th Nov . you can with draw HC case and wait for pronouncement of judgement
Devajyoti Barman
(Expert) 06 November 2014
Yes, if no order of stay is there the lower court can proceed with trial.
