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sandeep (pvt service)     16 October 2015

Appeal against a trail court order in hc

hi all. wanted to know,   if a petitioner looses a case in the lower trail court. and the respondent wins the case, and if the petitioner appeals against the order in high court. then does the relevance of the judgement of the trail court ends....i mean., is the trail court judgement of zero value if the petitioner appeals in the high court and the high court is yet to arrive at a decision..?

in short,.....does the trail court judgement loose its value. the moment the petitioner prefers an appeal in the high court? cant the respondent use the judgement in his other cases? just because an appeal has been filed by the petitioner?

thanks



Learning

 5 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     16 October 2015

If the said decision has been stayed, the judgment can not remain operative till the decision of High Court is in favor of the petitioner.

 

Regards,

 

Shonee Kapoor

www.shoneekapoor.com 

sandeep (pvt service)     17 October 2015

Thanks shonee sir, so does it mean. That a petitioner has to separately file a stay application for stay of trail court order. Or is it automatically stayed? If a stay is not applied for, then does the lower court order remain alive?

ANAMIKA VICHARE (LAWYER)     17 October 2015

Agree with Mr. Shonee Kapoor, Hellow Sir, Long time no see, How are you sir

 

ANAMIKA VICHARE (LAWYER)     17 October 2015

Agree with Mr. Shonee Kapoor, Hellow Sir, Long time no see, How are you sir

 

sandeep (pvt service)     17 October 2015

 

If the said decision has been stayed, the judgment can not remain operative till the decision of High Court is in favor of the petitioner.

sir, can you please elaborate on this sentance....till the decision is in favour of the petitioner? so cant the judgment be used to defend the other cases filed on the petitioner?


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