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

Hi Chandha, 

Since you have received a favorable eviction order from the lower court, and the tenant has appealed to the High Court seeking a stay, your next legal move should be to strongly oppose the stay application and proceed with execution of the eviction decree.

Your first step should be to file a reply to the tenant’s stay petition, arguing that the lower court’s decision was based on valid legal grounds, and that the tenant has no prima facie case for a stay. You should emphasize that granting a stay will cause you irreparable loss while the tenant continues to occupy the property unlawfully. If the High Court does grant a stay, you can request the court to impose conditions, such as depositing rent arrears, future rent, or a security amount in court as a prerequisite for granting the stay.

Simultaneously, you should file an execution petition in the lower court under Order 21 Rule 35 of the CPC, seeking enforcement of the eviction order. If the High Court does not grant an immediate stay, the execution can proceed, and the tenant can be legally removed.

The duration of the appeal process depends on court backlog and the arguments presented. If the tenant has no strong grounds, the High Court may dismiss the appeal at the initial stage. However, if the matter is admitted for a detailed hearing, it may take several months to years. You should also be prepared for the possibility that the tenant may further appeal to the Supreme Court if the High Court rules against them.

To expedite the process, you can file an application for an early hearing, citing urgent grounds such as non-payment of rent, financial hardship, or illegal occupancy. You should also ensure that you continue pressing for the execution of the lower court’s order unless a formal stay is granted by the High Court.

To discuss further, reach me out at adv.vishesh@icloud.com.

There could be no meaninful suggestion unless the judgment ordering the eviction is perused and issues discussed.