Guidance regarding tenant's appeal to the high court

To respond to the tenant's appeal and request for a stay, file a counter-affidavit opposing the stay, emphasizing the urgency and potential harm of delaying eviction. Engage a competent lawyer to handle the appeal in the High Court. The process can take a few weeks to several months, depending on the court's schedule. If the High Court decides in your favor, obtain a court order for eviction and file an execution petition in the lower court to enforce it. If the tenant does not vacate voluntarily, seek assistance from local law enforcement or court-appointed officers to enforce the eviction.

Take the help of a lawyer to study the Memorandum of Grounds of Appeal thoroughly, and check whether the appeal can be dismissed immediately, on grounds such as limitation or any other legal blunder. 

Otherwise, the appeal would take its own sweet time. 

Since he obtained a stay, you too obtain an injunction to not damage the property and not to induct third parties and so on. 

What about the rent? Ask him to deposit it in the Court. Ask your lawyer to do whatever is the right thing to do. 

It is necessary that you should give an appropriate response in the Court immediately, if not already given. It is necessary to engage a lawyer to represent you or you must appear yourself. 

Kakoli B. 

If you have been served with a notice from high court intimating the appeal filed against you, then you immediately file a vakaltnama through your advocate before the high court in the registry of the high court and then prepare counter objections to the stay petition and file that also simultaneously by serving a copy to the appellant.

After that appear before court through your lawyer and present your side arguments to get the appeal dismissed.

Once it is listed you make sure that you don't take time or adjournment and try to be prompt in your arguments  to enable high court to dispose the case on merits on the same day of listing