Hi all
i have a query and need a legal guidance. i had 2 cases one in O39R2 on my property and HMA sec 13(a) running in fmly court. both the cases were merged for administrative purpose. and there is one common order in my favor for both petition. or to put it the contents of order two do not change and are seperated merely by petition no
the opp party has gone for appeal in HC. my query is as follows
1. the appeal seeks ad-interim stay on order. since the order is related to divorce and dismisal of O39 Plaint also. does this mean the ad-interim is sought for both the matters. ? this is my understanding. there are 2 appeals filed , contents of both appeal are same , it is just 2 appeal for 2 cases .
the confusion is if the order is stayed than it effectively means stay is on both and not on one.
2. the op party does not stay in my city , has job in other city.
how do i oppose the stay on o39R2 appeal. is there a concept of extension of ad-interim order to pleaded.
the op party has smartly not pleaded for any direct injuction on property but is making this via stay on orginal order. how do i handle this
is there is a way that i plead court for no interim on propoerty since the balance of convience is in my favor.
i read somewhere sec 151 of CPC can be used . is it same as inherent powers of HC ?
RS
