Eviction Issue
3 months ago
We have got the eviction orders for our shop which had been illegally occupied in Kanpur (UP). Form D ( for eviction) has also been issued. The tenant also signed the eviction notice which had given him 24 hours to vacate the property. But now the tenant has gone to the high court and has received the date for the hearing for the next week. So, does that mean that the eviction proceeding orders that are given by the district court of Kanpur will be put on hold? Or can the proceedings still take place and the case will be heard the next week?
A.Dear Sir,
Simply approaching High Court does not mean that Lower Court order is stayed unless stayed specifically. You can proceed by filing eviction petition before the Trial Court get him evicted immediately.
Simply approaching High Court does not mean that Lower Court order is stayed unless stayed specifically. You can proceed by filing eviction petition before the Trial Court get him evicted immediately.
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A.Dear Client,
The filing of an appeal from a decree is, by itself, no bar to its execution, and execution may proceed unless it is stayed by an order of the Appellate Court(High Court) or the Court which passed the decree (vide Order XLI, Rules 5 and 6, CPC). In the absence of any order of injunction staying the execution proceeding of an order of the district court, execution proceedings shall continue following its own course of action. .The Karnataka High Court has said that a court can exercise powers under Order 21 Rule 29 of the Code of Civil Procedure and pass an order staying the execution proceedings only if the suit challenging the decree and execution proceedings referred are pending before the same court and not before two different courts. Reach out to an Advocate for guidance and steps.
The filing of an appeal from a decree is, by itself, no bar to its execution, and execution may proceed unless it is stayed by an order of the Appellate Court(High Court) or the Court which passed the decree (vide Order XLI, Rules 5 and 6, CPC). In the absence of any order of injunction staying the execution proceeding of an order of the district court, execution proceedings shall continue following its own course of action. .The Karnataka High Court has said that a court can exercise powers under Order 21 Rule 29 of the Code of Civil Procedure and pass an order staying the execution proceedings only if the suit challenging the decree and execution proceedings referred are pending before the same court and not before two different courts. Reach out to an Advocate for guidance and steps.
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