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Author Topic: EA when FA pendancy in consumer court  (Read 695 times)

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Offline prash

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EA when FA pendancy in consumer court
« on: January 11, 2016, 08:42:19 AM »
Dear Sirs,
Can I file execution application in state consumer court, in respect to only one specific decree in state judgment order??.. there are  other 2 decrees also in my favour...but i want to execute later after FA are disposed off at National court.
opponent appealed in his FA, to set the state order aside but he did not contest against specific decree at National commission.. and the FA is still not yet disposed off..

Thanks in advance.

Prash


Offline prash

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Re: EA when FA pendancy in consumer court
« Reply #1 on: January 11, 2016, 08:26:02 PM »
Confusion... what is written above?... Okay rewriting with clarifications.
 
1) under section 27, Can I file EA on the priority basis, in respect to only one specific decree about flat possession as ordered by the state forum?. I am afraid, FA disposal may take long time so wish to rush for the possession.   

(In the FA,  opponent appealed to set aside the state forum order aside.., But here is no merit in his allegations...moreover, opp did not specifically prayed against the flat possession decree... Full payment has been settled by me with opp party as per the state court order)

2) There are  2 other decrees in my favour in respect to the compensations...And I want to file separate EA for compensation decree under sec 25, once the FA by the Opp (in pendency) is disposed off by the National forum... Is it possible to proceed this way?

Ld. Experts please advice on my queries 1 and 2.

Many thanks in advance.

Offline adv.amarnath

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Re: EA when FA pendancy in consumer court
« Reply #2 on: March 06, 2016, 02:15:38 AM »
No, you cannot be too clever before the forum. when the order dated ............ has been challenged before Appeal Forum then it is deemed to be challenged all orders passed in single judgement/ final order. You can file EA case but it will be automatically stayed.
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Amarnath Sanyal
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