Jamai Of Law (propra) 12 July 2012

Urgent help needed in regards to pet. vide art 226 and civil

Facts of the case:-

Party got slapped with mandatory injunction which was sought by opposite party (hence party is Judgment Debtor)

Party applied for 'Stay of execution' (stay of order and stay of operation within the decision vide O21 R 26 and R 29) before the same Court!!!

Also before the same Court .... party filed

1. Review O47 R1 (eror apparent on the face) as well

2. recall vide Sec 151 (alleging fraud upon court which committed by opposite party upon court)

Review got dismissed but again it was infested with grave error on the face!!!

Party applied for review against 'the dismissal of review'

This also got rejected erroneously and infested with errors!!

Now this is the time to move upper court!!! Now party wants to take it to superior court!!!

My Question is:-

Is it allowed to filed writ against all the above dismissals in addition to the perverse mandatory injunction order which was infested with error' IN SAME GO i.e. IN JUST ONE WRIT (multiple adverse orders to be assailed in one writ)??

i.e to put it in another way....

Writ against .............

1.Mandatory injunction Order which is to assailed

2.Dismissal of "Review of Mandatory injunction Order"

3. Dismissal of "Review of Review of Mandatory dismissal Order"

4.And also party needs to assail the dismissal of plea of stay of execution of Mandatory injuction order" as well.

In short finality of mandatory injunction is utterly required to assailed.

Note: It was given to understand (in this forum also) to us that 'origial mandatory injunction order wasn't appealable'.

Also dismissal of review is also not applealable.

Is is correct to move writ jurisdiction for all above 4 adverse decision against party IN JUST ONE WRIT Application?

All that is needed is the stay' on the operation and quashing of the samd injunction.

Hence all this efforts !!!!!!!1

(Opposite party has huge influence in court and money power as well !!!/very senior layers......... and our party had employed junior lawyers)

But fact of the matter is .... original injunction itself was blatant fraud.......dismissal of review is also infested with same and there is clear favour given to opposite party!!!

Please suggest remedy and advise on writ.

Regards

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1 Replies

surjit singh (Assistant) 12 July 2012

You have the option for going to the appellate court,with an application for stay of the orders. As regard filing of writ I think you can to only file when you can show that there was an repeated wilful arbitrariness on the part of the concerned judge in dealing with the matter where rules which is dehorse the law was applied. In this writ petition you can pray for rehearing the matter by the same judge or any other judge.