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Kishore Kr Sethi

Gurugram

I filed a civil suit and asked for interim relief u/s 39 (1) and (2) read with section 151 CPC against the managing committee for illegally asking payment on account of repair of the building, whereas the same is not in their scope. The lower court did not accept and passed an order on 24.8.2020 for WS on 18.11.2020. Firstly the time for WS was too long and then without listening to my full views the court passed the order. I want to appeal to the District Court for relief. Now, the question is whether I can file a case for Appeal in District court when the WS has not taken place or I will have to approach the high court. I request help in getting judgments in this regard if I can appeal in District Court against the order of the Lower Court. Please help. You can see the order online having Case No. CS/1384/2020 - Gurugram Court. Thanks

Expert's Answers(5)

Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

Dear Sir Without seeing all the relevant papers no appropriate legal advise can be given. Please give me RANK FIVE (5) if my answer satisfies you.

September 16, 2020
Advocate Suneel Moudgil
Panipat, Haryana

40 Client Ratings

1. you can approach the District Judge against the order of the trial court, 2. you can also file a Writ Petition in this regard, you can opt any one way out of two available, High Court will be a better option

September 16, 2020
Advocate Darshan Maurya
Azamgarh, Uttar Pradesh

under CPC for filing WS 90days minimum without court liberty in a case

September 15, 2020
Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

It would be advisable to approach the Appellate Court for the required relief..

September 15, 2020
Advocate Abhimanyu Gurawalia
Patli Hajipur, Haryana

60 Client Ratings

appeal against lower court order will be applied in session court within limitation no matter ws filed or not

September 15, 2020