Appeal allowed means
Anonymous
(Querist) 12 January 2022
This query is : Resolved
What is the interpretation of Appeal stands(Civil appeal)allowed in decree sheet ?
Whether the whole grounds in my appeal allowed or some part of it is not allowed ?
As in execution petition I am in dispute with court that I am saying that my appeal is allowed so it means all my grounds in appeal are allowed but the executing court is saying that show in your judgement that your ground is allowed.
Isaac Gabriel
(Expert) 12 January 2022
In general the prayer is accepted. But the order alone could illustrate the grounds in which it was allowed. Verify the order copy.
Anonymous
(Querist) 12 January 2022
Sir one of the main ground was not discussed in judgement of my appeal nor it was denied and I demand the same to be executed as my appeal stands allowed but the court is not inclined to execute that ground by saying it was not discussed in judgement
My reply to that is….. my appeal stands allowed in decree so as my all grounds so please execute it
What’s the solution for this dispute?
Dr J C Vashista
(Expert) 13 January 2022
Decree is passed by Trail court and not by an Appellate Court, recheck.
Appeal allowed implies that what ever you have prayed has been accepted, which is generally setting aside / modifying / amendment of Trail Court order/ judgement /decree.
Execution of which order / judgement / decree is discussed in this post which is stated to have been instituted by you ? Facts posted are confusing.
What is the opinion and advise of the lawyer engaged / paid by you for contesting in Trail as well as proceeding appeal ?
Dr J C Vashista
(Expert) 13 January 2022
Show all relevant documents to another local prudent lawyer for better appreciation of facts / documents, professional advise and necessary proceeding.
P. Venu
(Expert) 13 January 2022
Any suggestion depends upon the contents of the decree.
Advocate Bhartesh goyal
(Expert) 13 January 2022
I completely agree with the views expressed by Dr J.C Vashistha.Appeal allowed means grounds taken in memo of appeal regarding modifications,alteration, setting aside and reverse of decree and judgment passed by lower court accepted by appellate court and prayer of appellant has been accepted.
Anonymous
(Querist) 14 January 2022
Sir Is there any law that simply written in decree sheet “Appeal allowed with costs’ means that your whole prayer in appeal is allowed?
Dr J C Vashista
(Expert) 15 January 2022
As already opined "decree" is part of Trial Court order and not in "appeal" which has assailed / challenged the order / judgment / decree.
Order as to costs may be allowed separately by appellate court.
SHIRISH PAWAR, 7738990900
(Expert) 13 January 2022
