What are my legal options after losing a property case?
I am 85 years old, a widow, and a cancer survivor living in a pagdi home for the past 50 years. A long-standing property case was recently ruled against me, directing me to vacate the premises within two months. I seek guidance on my options for appeal, the applicable timelines, the possibility of obtaining a stay order, and any relief that may be available based on my age and health condition.
- An appeal under Civil Procedure Code will be valid. - A Stay Application (under Order XLI Rule 5 CPC) can also be filed on the grounds of old age, illness, widowhood, lack of alternative accommodation, and attach medical/age/gender proof. - In case the eviction is imminent, an application for Interim Injunction (Order XXXIX Rules 1 & 2 CPC) if has to be filed. - In such cases, we can offer to deposit arrears/security if required, but explain limitations due to age/poverty.
- A Pagdi tenancy can avail First Appeal, Second Appeal (on law) to seek stay/interim relief on humanitarian/medical grounds. - Courts in the cases of elderly have consistently upheld the use of equity and interim relief to prevent irreparable injury to such vulnerable tenants, often requiring security but prioritizing substantive justice over technicalities.
You can file an appeal in the higher court within the limitation period (usually 30–90 days) and request a stay order on the eviction, citing your advanced age and medical condition. Courts often consider such humanitarian grounds sympathetically. Attach medical records and request interim relief to prevent immediate eviction. For further legal assistance contact us on our helpline number.
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