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How to file an appeal in high court against injunction issued by DC
06-Oct-2023 (In Property Law)
I want to go with an appeal to high court against kottayam lower court's temp. stay/injunction against my landed property. what I have to do Hom should I contact. I am a senior citizen, christian and retired C .Gov. servent. now my lively- hood is blocked. please advise.
You can’t to file appeal directly to High court against order of lower court from an interlocutory injunction application. You have to file Civil Miscellaneous appeal to District court.
Against certain orders passed in a suit before its final decision also appeal is provided under Section 104 read with Order 43, Rule 1 C.P.C. These appeals in the District Courts are called Miscellaneous Appeals.
First Appellate Court has got power to judge the correctness of findings of facts as well as of law recorded by the Trial Court. However, Second Appeal to the High Court under Section 100 C.P.C. lies only if the case involves substantial question of law.
So file CMA against the order passed by the munsiff in os No. for stay/injunction application
Against certain orders passed in a suit before its final decision also appeal is provided under Section 104 read with Order 43, Rule 1 C.P.C. These appeals in the District Courts are called Miscellaneous Appeals.
First Appellate Court has got power to judge the correctness of findings of facts as well as of law recorded by the Trial Court. However, Second Appeal to the High Court under Section 100 C.P.C. lies only if the case involves substantial question of law.
So file CMA against the order passed by the munsiff in os No. for stay/injunction application
Helpful?
Adv. Ajay NS
Ernakulam | 200+ Answers
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Hi,
In this issue, to advice you better, the details of the case is to be known. The details you have provided is too much insufficient to advice. However if can provide the judgement and petitions of the court below, it is possible to file an appeal in the High Court.
PT Sheejish,
Advocate.
In this issue, to advice you better, the details of the case is to be known. The details you have provided is too much insufficient to advice. However if can provide the judgement and petitions of the court below, it is possible to file an appeal in the High Court.
PT Sheejish,
Advocate.
Helpful?
Adv. Sheejish P T
Ernakulam | 100+ Answers
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