Instead of filing appeal from order, whether writ petition is also remedy for setting aside order of
Sadanand B. Panchal
(Querist) 04 March 2016
This query is : Resolved
Respected Experts,
Complaint structure was partly demolished by the BMC on my complaint. Part of Complaint structure was reconstructed. Again I made complaints to BMC and BMC issued Notice under section 488 of MMC Act to the offender of illegal Complaint structure, then the offender /Plaintiff filed suit against BMC and stayed action of demolition without my knowledge. I filed Chamber Summons for adding me as party in the Suit. On 15.02.2016 the Hon'ble Court allowed my Chamber summons directing the Plaintiff to amend my name in the Suit and N/M within two weeks and at the same time Advocate for Plaintiff prayed for stay of the order stating Plaintiff filing Appeal from Order. Therefore the Hon'ble Court stayed it’s Order (directing to amend my name) for two weeks.
Within two weeks or till date the Plaintiff not filed any Appeal from Order as already prayed before the Hon'ble Court but it is found that on 29.02.2016 Plaintiff instead of filing Appeal from Order filed Writ Petition before the Hon'ble Bombay High Court against BMC and me.
Kindly advise me can Plaintiff obtain setting aside order of civil Court (directing to amend my name in Suit) by way of Writ Petition instead of filing Appeal from Order. At this stage my name is not amended within two weeks nor did Plaintiff file Appeal from Order within two weeks. Kindly inform me what exact procedure.
Thanks.
Advocate Ramesh
(Expert) 05 March 2016
writ is different from filing appeal for order but in the writ itself they have to state all the facts of the civil case. then it is ok.
Rajendra K Goyal
(Expert) 05 March 2016
Full case file need to be referred. Discuss with local lawyer after showing him full case file.
Sadanand B. Panchal
(Querist) 05 March 2016
Respected Sir,
sorry there was some mistake in my information which is corrected as follows:
Kindly advise me can Plaintiff obtain setting aside order of civil Court (directing to amend my name in Suit) by way of Writ Petition instead of filing Appeal from Order. At this stage my name is not amended within two weeks nor did Plaintiff file Appeal from Order within two weeks. Kindly inform me what exact procedure.
In this matter the Plaintiff do not want to amend my name in suit and taking adjournments continuing stay till further date. As my name is not amended I cannot file Application for rejection of temporary stay Order. Further as two weeks lapsed Plaintiff's right to file A.O. lapsed. Writ Petition filed by Plaintiff is under objection before the Registrar. Next date of adjournment in suit is 28 March 2016. Till then I cannot approach court as my name is not amended.
Sadanand B. Panchal
(Querist) 09 March 2016
Respected Sir,
sorry there was some mistake in my information which is corrected as follows:
Kindly advise me can Plaintiff obtain setting aside order of civil Court (directing to amend my name in Suit) by way of Writ Petition instead of filing Appeal from Order. At this stage my name is not amended within two weeks nor did Plaintiff file Appeal from Order within two weeks. Kindly inform me what exact procedure.
In this matter the Plaintiff do not want to amend my name in suit and taking adjournments continuing stay till further date. As my name is not amended I cannot file Application for rejection of temporary stay Order. Further as two weeks lapsed Plaintiff's right to file A.O. lapsed. Writ Petition filed by Plaintiff is under objection before the Registrar. Next date of adjournment in suit is 28 March 2016. Till then I cannot approach court as my name is not amended.
