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Subhankar Sinha   10 January 2024

Decree of eviction , conditional stay granted

Sir , as per the order of the judgement of  Lower Court , the defendant was directed to handover the vacant possession of the suit property to the plaintiff  within 45 days, failing the plaintiff has the liberty to put this decree into execution. Plaintiff also get a decree for damage with effect from the start of the case till recovery of possession of the suit property.

The defendant without obeying the above order did not vacate the possession. My Lawyer has filed for decree of eviction. In reply the defendant has appeal also requesting for stay before the District Judge. The defendant was given conditional stay paying a monthly charge.

With reference to the above context , I wish to know what is the consequence of  conditional stay . Also desire to gain information  what is the outcome or benefit of the  judgement of the Lower Court  for the plaintiff.? The primary motive of the case was decree of eviction.  Is this judgement of Lower Court is of any importance for the plaintiff ? Or the Judgement is ignored ??



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     11 January 2024

The appeal has not been disposed but an interim relief has been given to the defendant.

Hence the plaintiff should challenge the appeal as per procedures of law and get it dismissed. 


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