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Anonymous007 (no i don't have it)     21 December 2014

Evicting the tenant

Respected Sir/Madam

I have won the case twice with my late tenant's wife can  she appeal in the High Court. . I want to evacuate the place and re build my house since my house is very old was build in 1960 and contract is over long ago. What should i do, please give me advice as soon as possible before they appeal in HC.

Regards,

Thanks in advance. 



Learning

 5 Replies

Dr J C Vashista (Advocate)     21 December 2014

Disclose your identity and no advise for an anonymous007 author.

Anonymous007 (no i don't have it)     21 December 2014

 I am Ahmed From Hyderabad, sorry i thought i shouldn't share my sensitive information. Would you now give me an advice, please?

T. Kalaiselvan, Advocate (Advocate)     25 December 2014

You may file an EP after the appeal period is over for enforcing the decree.

1 Like

Anonymous007 (no i don't have it)     28 December 2014

Originally posted by : T. Kalaiselvan, Advocate

You may file an EP after the appeal period is over for enforcing the decree.

Thanks a Lot, Sir! If you don't mind would you like to answer one more question, because when i told my lawyer he says we will file a caveat. But to me your advice (EP) sounds lot better than caveat. If that's true then just say yes.  Again, Thank you so much!!!!

T. Kalaiselvan, Advocate (Advocate)     28 December 2014

You can very well go ahead with EP in the lower trial court based on the decree in your favor. Your lawyer has cautioned you to file a caveat before the appellate court so that they do not obtain stay against you proceeding with EP or enforcement of decree without your knowledge.  That is a simultaneous action. That can be taken together accordingly.

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