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chandha   23 December 2024

Guidance regarding tenant's appeal to the high court

We have received a favorable judgment in our case filed before the lower court for the eviction of the tenant. However, the tenant has approached the High Court and is seeking a stay on the operation of the judgment and decree passed by the lower court.

Could you kindly provide guidance on the following:

  1. What should be our next legal move in response to the tenant's appeal and the request for a stay?
  2. How long will this process take, and what steps should we anticipate in order to enforce the eviction?

Your prompt advice on how to proceed would be greatly appreciated.

Thank you for your time and assistance.



Learning

 1 Replies

S. Gupta (Legal Scholar)     23 December 2024

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.


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