See if the court has decided it on merits and grounds then you can though challange the order in higher court though in case appeal was infrutucous then getting into merits was wrong and withdrawal should have been allowed . So you have to challange the said order now.
Appealing an temporary injunction order after its execution
Pls help with the following facts : # Received an temp injunction from the court and the other party executed the said order. # The other party without revealing the court about execution availed an ex-party stay . # After receiving the notice presented the affidavit to the honorable court mentioning that the appeal jas become Infructous now ,but court did not considered and decided the injunction order on merits and quashed the order. Pls help with suitable guidelines and judgements on this
Asked 6 years ago in Civil Law
9 Answers
It is necessary to peruse order passed by trial court to advice
you can file appeal against the impugned order
You should go in for a revision application against this order.
Regards
Dear Sir,
Order-21 Rule-26: “When Court may stay execution-(1) the Court to which a decree has been sent for execution shall, upon sufficient cause being shown, stay the execution of such decree for a reasonable time, to enable the judgment-debtor to apply to the Court by which the decree was passed,
- Your query is not sufficient to understand.
- Howeve, you should file Appeal against that injunction order before the Higher Court.
- You will get relief in favour of you , as without going through in detail , that court has passed order .
File revision agasint the quash order.
injunction can be challenged by way of a Revision Petition/ Appeal etc.
You should go for revision petition in Higher appellate court against the quashing of judgement.
You can go to appeallate court and get it set aside and quashed
