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Can High court order override an order given by a lower court


08-Jul-2023 (In Civil Law)
Sarfesai act was invoked , third party filed a suit of partition in civil court for the mortgaged property and got a stay , later his suit was returned back with advice to go to drt , but he again filed an appeal got a stay against bank to sale .bank went to high court and the lower court's stay was stayed ,H'BLE HIGH COURT ,ordered the lower court to decide the mantainability of the appeal within 30 days only on the point of juridiction. the order says 'till disposal of the objections status quo as existing today shall continue'. what specifically this order means ?is stay of lower court applicable as of now or stay on lower court as granted by the H'ble high court is applicable now we as respondents were doing some demarcation and preventive measures to demark the mortgaged prop which was lying unoccupied since long with permission of the bank .as high court has stayed the stay granted by the lower court ?
Answers (1)

Answer #1
563 votes
Yes absolutely, the basic purpose of the high court is to address the matters of the lower court and other courts of lower status.it can in all manner override the order/judgement or decision of the lower court. and also the orders or judgements of High courts can be over ridden by the supreme court.

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