Pradeep Ganesh Joshi 10 June 2020
P. Venu (Advocate) 10 June 2020
Facts, as posted, lacks clarity. Please post complete facts.
Manogya Chava 10 June 2020
Greetings, the facts as posted by you are not complete and lack clarity for experts to provide an approproate remedy for, please provide all relevant facts which will enable a lively discussion. However, Section 5 of the Specific Relief Act provides for, Recovery of specific immovable property.—A person entitled to the possession of specific immovable property may recover it in the manner provided by the Code of Civil Procedure, 1908.
You may refer to this link for more understanding on the Act - https://www.lawyersclubindia.com/articles/specific-relief-act-1963-1757.asp
You may refer to this link for better understanding of Appeals - https://www.lawyersclubindia.com/articles/appeal-and-right-to-appeal-a-basic-understanding-6638.asp
Hope this helps.
Pradeep Ganesh Joshi 11 June 2020
P. Venu (Advocate) 11 June 2020
There is nothing that prevents you from seeking seeking interim reliefs in terms of Order 39 Civil Procedure Code. Moreover, has the Civil Court granted any stay on the decision of the Revenue Court?
Pradeep Ganesh Joshi 11 June 2020
P. Venu (Advocate) 11 June 2020
Yes, you can file an appeal or move the High Court under under 227, if so advised.
Pradeep Ganesh Joshi 11 June 2020
P. Venu (Advocate) 12 June 2020
Sorry, it is Article 227 of the Constitution., which provides supervisory jurisdiction the High Courts.
Dr J C Vashista (Advocate) 13 June 2020
The orders passed by revenue court in your favour can not be agitated or appealed in Civil Court, there is a bar on the jurisdiction of civil courts in revenue cases.
Revenue Courts have their own channel of appeal upto Financial Commissioner in Delhi (equivalant officer/ Court in other States/ UTs).
Some relevant point of dispute are missing.
Can you supply a copy to me.
Pradeep Ganesh Joshi 13 June 2020
P. Venu (Advocate) 14 June 2020
In Maharashtra, there is no bar on decisions of revenue courts being agitated in civil courts. However, limitation would be governed by Section 29 of the Limitation Act.