Time period for filing appeal in HC is 90 days
2) defendant can file appeal in HC seek stay against carrying on any construction
3) not necessary to deposit 25 per cent of property value
Going to high court
Hi, my civil case is running in Bangalore for site survey number issue. If I win case and gets injection order now , how much time gap will be y for opposite party to go to High Court? If I start construction after getting injection order, opposite party can go to High Court and stop construction? i mean assume that Jan 31st 2022 i got injection order in my favor. Opposite part can go to Bangalore high court and get stay order to stop construction between Feb 1st 2022 to Feb 15th 2022? After civil court gives injection order or judgement, how much time opposite party can go and file case in high court and get stay order? I heard if any one filing case in high court they need to deposit 25% of property value in high court? Is it correct?
Asked 2 years ago in Property Law
Religion: Hindu
11 Answers
The appeal has to be filed within 90 days from the date of the order. The opposite party may move the high court for an injunction on the civil court order. However, it will not be a routine affair. There is no such requirement regarding the court fee at high court.
1. The limitation period is 90 days ordinarily but due to the pandemic situation, it is being periodically extended by Order of the Supreme Court.
2. Yes, he can easily file a petition before the High court and get a stay order on the Injunction Order passed by the lower Court.
3. No amount shall have to be deposited with the High court for filing any petition.
This is not a money suit so that the opposite party would be required to deposit an amount before the appellate court in order to get the appeal admitted.
In fact the opponent party has three months time to prefer an appeal against the trial court judgment before high court which would be counted from the date of receipt of the copy of the judgment of the trial court.
- As per the Limitation Act, 1963, for appeal, in case of a decree passed by lower court in civil suit, the limitation is : Appeal to High Court is 90 days from the date of decree Or order.
- Hence , the opposite party can file appeal within the period of 90 days from the date of passing the order or judgment.
- Further, as this is not a monetary suit , thence no amount will be deposited in the court for filing an appeal.
Dear Client,
The Limitation period for filing an appeal before HC is 90 days. If, they want to file an appeal after that thy will need to apply with a condonation for the delay and the same can be accepted or rejected by HC.
Thank you
It depends how opposite party moves early and take the stay
1. If the defendant goes to high court after 30 days an injection order comes. Will the high court immediately stay an order on my (Plaintiff) construction? 2. I mean if the injection order comes on Feb 1st 2022 and the defendant files a case in bangalore high court on March 1st 2022, within how many days the High Court may give a stay order on my (Plaintiff) construction?? like 1 month or 6 months or 1 year? 3.I heard that usually the high court will take time around 5 years to give judgment as the number of pending cases are more. Is this correct? 4. If the defendant files a case in bangalore high court on March 1st 2022 and first hearing comes in high court after 2 or 3 years, i.e March 1st 2024 or March 1st 2025, by that time if my (Plaintiff) construction is over, on which topic arguments will happen as it is constructed property. Is this possible scenario or not? 5. Usually civil court would give temporary injection first then permanent injection order? usually how much gap would be there between temporary injection & permanent injection 6. Defendants are taking advantage of legal process delay. like i have a filed case in 2018 and still the case is going on. The cost of construction has doubled now from 2018 to 2022. Defendants are telling that they are not going to lose anything even if they lose the case as cost of construction is increasing day by day more and give 50% of property value (i.e 50 lakhs as settlement amount) to close this litigation issue. What is the best way to handle this case? i don't have that much money to pay a settlement and the court is taking years to give a judgment.
Asked 2 years ago
1. If the high court passes a stay order then it will be effected immediately.
2. The stay order will be passed as an interim relief to the petitioner.
3. No it is not true.
4. It depends on the nature of case and it's arguments.
5. Once the court is granting temporary injunction, the parties to the case will argue on the application for injunction.
If the court is satisfied then it may vacate the temporary injunction too.
6. If there's no restrictions from court to construct, you may ignore the opposite party and proceed with the construction process.
1) no immediate stay would be granted . Court may permit you to carry on construction subject to hearing and final disposal of suit
2) final hearing and disposal of case may take 10 years
3) appellant may court for urgent reliefs pending heating and final disposal of appeal
4) gap may be 10 years or so
5)amicable settlement is best option
6) no need to bow down to pressure tactics . Court may permit you to complete construction but restrain you from creating third party rights on property
1. The High Court might issue interim order staying the Injunction Order passed by the lower Court till the appeal is disposed of without hearing you on the first day of the appeal and its connecting application.
2. To avoid getting the said stay order from the High Court, immediately file a Caveat application before the High Court since in that case, no interim order will be passed against the Caveator without hearing him.
3. You are wrong in thinking that the first date of hearing will come after 2/3 years. The interim application will be heard immediately after filing and the stay order might be passed unless there is a Caveat in this regard.
4. There is no rule as to when the permanent injunction will be ordered. It dep[ends on the development. It might be or might not also be passed. The opposite party might apply for vacating the interim order before the lower Court or the High Court.
5. Your solution in the matter can be advised after going through the merit of the case.
6. If you have acquired the property legally then your construction will be considered as valid.
7. Otherwise it will be adjudicated as illegal for which the construction can be ordered to be demolished by the appropriate Court.
1. Depends on merits
2. 6 months at a stretch
3. Not necessarily
4. You need to apply for stay so that construction is hauled.
5. Not determined
6. That's indian judiciary nothing can be done