To appeal in district/sessions or high court To appeal in district/sessions or high court

3 years ago

I filed a civil suit and asked for interim relief u/s 39 (1) and (2) read with section 151 CPC against managing committee of society for illegally asking payment on account of repair of building, whereas the same is not in their scope. The lower court did not accept request for ad-interim relief and passed order dt. 24.8.2020 for WS on 18.11.2020. Firstly, the time given for submission of WS was too long and then without listening to my full views the court passed order. I want to appeal to District/Sessions Court for relief. Now, the question is whether I can file case for Appeal in District/Sessions court when the WS has not taken place or I will have to approach the high court. In case Appeal can be filed in District/Sessions Court, I request for judgements in this regard if I can appeal in District Court against the order of Lower Court. Please help. You can see the order online having Case No. CS/1384/2020 - Gurugram Court.

Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
You may approach High Court on the orders passed by interim application.

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Geeta Singh

Responded 3 years ago

A.No benefit in filing appeal at this stage as defendant 1 has not file his reply.wait till next hearing 18.11 2020.as going to high court is also time consuming in this covid 19 situation
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Suneel Moudgil

Responded 3 years ago

A.you can prefer an appeal u/o 43 rule 1 (r) of c.p.c. read with section 151 of c.p.c. against the impugned order of the lower court, however, you can also file a writ petition in the concerned High Court
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