aadi 25 November 2023

Steps to be taken after preliminary decree

Hello All,

For our Original Suit case in taluka court of Senior Civil Judge and Principal JMFC, preliminary decree has been given against us (Defendant). The case is of daughters (Plaintiffs) asking for their share in ancestral property. My father (Defendant) has already given them consideration amount (bank statements provided to the court) in lieu of relinquishment of rights. This was an oral agreement.

The case has now been transferred to the same court for Final Decree Proceedings. We are dissatisfied with the verdict as we feel several crucial evidences have been ignored.

Request all to suggest what should be our further steps:

1. Do we go for a review of the Preliminary Decree in the same court? Limitation of time?

2. Feasibilty of obtaining stay on the FDP. From which court? Limitation of time?

3. Can we file an appeal against the Preliminary Decree. In which court? Limitation of time?

4. Any other immediate steps that we need to take?

Thank you in advance.

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6 Replies

Shashi Dhara 25 November 2023

File regular appeal against o. S. Decree passed along with delay application and stay application against fdp proceedings.

aadi 25 November 2023

Sir,

1. In how many days should appeal be filed against OS Decree?

2. From which court should we get stay on FDP proceedings? District Court or High Court?

T. Kalaiselvan, Advocate (Advocate) 25 November 2023

1. You may have to file an appeal against the judemgent passed in the preliminary decree before the appellate court and not in the same court.

2. The time limit to prefer an appeal is one month, however you can file the appeal with a petition under section 5 of the limitaiton act to condone the delay if any that has caused to file the appeal.

The stay of the operations of the preliminary decree will depend on how strong;ly you present your arguments.

3. You have been advised properly, you may go through the above answer once again which will clarify all your doubts

Dr. J C Vashista (Advocate ) 26 November 2023

Very well analysed, opined and advised by learned experts, which I agree and appreciate.

If you are not satisfied with preliminary decree you are required to move in appeal before next higher court within 90 days of passing decree or supporting application for condonation of delay after 90 days (excluding time taken in obtaining certified copy of judgement / decree).

Filing a review before the same court is not advised being wastage of time, efforts and money.

Final decree shall not be considered / passed after admission of appeal before appellate court (on allowing application for stay of operation of preliminary decree). Don't worry for limitation after admission of appeal.

Your lawyer is the only and best person to advise you properly since s/he is well aware about facts and circumstances of the case besides the facts s/he is an able, competent and intelligent enough to guide you and proceed as required. You must have faith in him / her.

P. Venu (Advocate) 30 November 2023

Yes, the remedy is in filing Appeal. However, in the absence proper relinquishment of their share by the sisters, the Judgment of the Trial Court cannot be faulted.