Decree

ajitkumar (Querist) 08 July 2013 This query is : Resolved
Hi, in 1979 we had register a Undivided family's estate partition in one Decree.But in 1981 while partition case was in District court some family members those signed on that Decree, filled up one affidavit that they disagreed with Decree and that decree was made by their oldest brother by cheating them. But those who filled and submitted that affidavit never filled appeal against decree in the court where that decree was declared.
Please tell me Only because of that affidavit is it possible that this decree will be cancelled..? Now Is it possible for me to claim for partition on the basis of Decree if I am one among those who filled and submitted that affidavit..?

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adv. rajeev ( rajoo ) (Expert) 08 July 2013
Unless it is set aside decree will be intact

Guest (Expert) 08 July 2013
Rightly adviced by Adv. Rajeev.

ajitkumar (Querist) 09 July 2013
Thanks Sir...
Where I can make application for the excecution of Decree..? and under what I.P.C suit code..?

Advocate Ramesh (Expert) 09 July 2013
Whether appeal is pending or not. If no appeal, then you can file final degree petition before the same court that you got degree.

Raj Kumar Makkad (Expert) 10 July 2013
As no appeal was filed against the decree so it has become final and thus it can only be got executed by filing an execution petition before the successor court.

ajitkumar (Querist) 11 July 2013
Thanks Everybody..
According to Your valuable advice, I reached to Court which passes Decree and made application for Certified copy of Decree but Clerk told that he didn't get Decree's copy. He gave me one letter mentioning that Decree is not finding.Now in This case what I do.?
I have one certified copy of that Decree which I got from court before 20 year. Can I made application of Decree Execution with that Old Certified Copy by attaching the letter which I got from Court?
Please Help Me.

Dr. Jyothi Vishwanath (Expert) 15 July 2013
Yess. Proceed immediately with that.

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