Second appeal pending

4 years ago

Hi, My case about of a partition and possession of the property, original suit was in my favor and preliminary decree made by the court, first appeal was in my favor and final decree made by the civil judge senior division and also execution done by the court, means I'm the final decree holder and possession got with police protection in the execution of decree... And the debtors has filed a second appeal in high court Allahabad which was pending and no stay for any... Now I want to renovate my possession as a new plot.. Pls advise me I'm able to made the plot as a new.... Can second appeal stay my work? Pls pls advise me

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Advocate Ramachandra

Responded 4 years ago

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A.DEAR, ASHISH YES you can renovate no stay application is pending high court, you can carry on because whenever he filed second appeal that time only court gave stay, but court till not yet give stay hence you have to renovate no doubt at all good luck

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Shreyash Mohta

Responded 4 years ago

A.If there is no specific order which states or prohibits you from doing a certain act, then such an appeal shall not effect you from renovating the same. However, it is better if you review the past orders and see if there is anything specifically prohibited which you cannot do. If there is nothing proceed without fear.
Thanks

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Ashish Mishra

Replied 4 years ago

Thank you so much sir for your kind information

Shreyash Mohta

Replied 4 years ago

Welcome

Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
If there is no specific order staying you from renovation work you can proceed with.

Thanks.

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Advocate Ramachandra

Responded 4 years ago

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A.Dear client you said RSA Pending in High court but once trial decide is legal you dont fear about appeal immediately go get possession of the property transfer all documents in your name , like khatha, EC, TPR, KE, KC, ALL documents good luck

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Advocate Ramachandra

Responded 4 years ago

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A.Dear client your way is go and get possession with help of police and certified copy of decree and execution take possession with out fear take one advocate help good luck

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Ashish Mishra

Replied 4 years ago

Sir I have already got the possession in 2015 with police protection...
And second appeal is restored in high court....and pending.
My question is I'm able to made my home as a new plot?
Can second appeal effective for maintenance of home?

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