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Advocate Ravinder (Advocate/Attorney)     24 January 2024

Ia not to alienate dismissed. what i have to file crp or cma

I have filed Partition suit against the defendants before Senior Civil Judge Court. I have also filed IA not to alienate the schedule property pending disposal of the suit.  The Court dismissed my I.A. Now what I have to file, whether CMA or CRP against the dismissed I.A.  Whether I have to file in District Court or High Court. 



Learning

 6 Replies

Advocate Bhartesh goyal (advocate)     24 January 2024

CMA lies against the order of dismissal of IA( temp injunction ) jurisdiction will be District Judge court.

T. Kalaiselvan, Advocate (Advocate)     24 January 2024

It is a revision petition before High court against the dismissal of IA by the trial court.

Dr. J C Vashista (Advocate )     25 January 2024

District judge has the jurisdiction to adjudicate the appeal U/S 115 r/w Order 43 CPC for assailing the order of dismissal of application under Order XXXIX Rules 1 & 2 CPC 

Advocate Ravinder (Advocate/Attorney)     25 January 2024

The answers of the learned freinds are contradicting to each other. I am confused. Kindly clarify what is the correct legal position. 

T. Kalaiselvan, Advocate (Advocate)     26 January 2024

Section 115 of CPC. Revision

  1. The High Court may call for the record of any case which has been decided by any Court subordinate to such High Court and in which no appeal lies thereto, and if such subordinate Court appears:
    1. to have exercised a jurisdiction not vested in it by law, or
    2. to have failed to exercise a jurisdiction so vested, or
    3. to have acted in the exercise of its jurisdiction illegally or with material irregularity, the High Court may make such order in the case as it thinks fit
  2. Provided that the High Court shall not, under this section, vary or reverse any order made, or any order deciding an issue, in the course of a suit or other proceeding, except where the order, if it had been made in favour of the party applying for revision would have finally disposed of the suit or other proceedings.
  3. The High Court shall not, under this section, vary or reverse any decree or order against which an appeal lies either to the High Court or to any Court subordinate thereto
  4. A revision shall not operate as a stay of suit or other proceeding before the Court except where such suit or other proceeding is stayed by the High Court.

 

Your query is whether the dismissal of IA seeking injunction to not to alienate can be appealed or a revision peittion be filed.

In my opinion, a revision petition would be the remedy and not the appeal.

srinivas netha   16 April 2024

High court 


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