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Nishikant Gaikwad (owner)     29 March 2014

About suit property possession

Dear sir, please give me guidance regarding my property matter. The case decreed against defendant from the Civil trail court and Session court. In judgement the order passed the defendant his agents or anybody claiming through him are hereby permanently restrained from preventing the plaintiff from entering the suit property.

Now, how shall plaintiff can get possession before the defendant goes to the High Court for stay?

I hope you could give your real opinion cum legal advice. Thanks....



Learning

 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     29 March 2014

Your query is not clear,  was the suit for possession or for parmanant injunction only? From the wordings of the judgment, as you have written, it appears that it was a suit for parmanant injunction only, and no possession is awarded, so where does the question of taking possession arise? Put up the facts properly.

Kapil Gupta (Advocate)     29 March 2014

Until the limitation period for appeal expires, you can't take the possession. Dear client, you should write your query clearly mentioning the matter and parties. You can use the letters of alphabet in the place of parties' name. Thank you.

Kapil Gupta (Advocate)     29 March 2014

Until the limitation period for appeal expires, you can't take the possession. Dear client, you should write your query clearly mentioning the matter and parties. You can use the letters of alphabet in the place of parties' name. Thank you.

Lawyer SALEEMA KABEER (Advocate Madras High Court & Legal Consultant Chennai Law in Law Firm. +91-9698884779)     08 June 2014

In your query you have stated that the Injunction was granted by restraining others from preventing your enjoyment. It shows that the property is under your possession and enjoyment. So that the Court has granted such Injunction order.


Therefore, straightaway you can enjoy the same as usual without bothering about their further steps for appeal. There is no question of taking possession. No need to wait for any specific period.


Unless and until any stay is granted against the operation of trial court Judgment, there is no legal bar to you enjoy the same on the basis of trial Court Judgment.


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