Querist :
Anonymous
(Querist) 24 September 2011
This query is : Resolved
sir, my grandfather filed a partition suit in 1955 and after that my father contested the case and got the decree.Now in my time execution case is PENDING in the court.Almost all steps have concluded way back in the year 2008 itself.Nothing is left but still the court keeps my case for steps instead of passing an order for delivey of possession.Myself i am the decree holder .please suggest what should i do?should i go to high court?
Sankaranarayanan
(Expert) 24 September 2011
According your query the case is still pending before the court, what reason the case is delay. Hope your advocate is handle the case in good manner then y act according to his advise and suggestion and explain your wish to him for speedy solution.
prabhakar singh
(Expert) 24 September 2011
Partition suits have two stages ,at first stage a preliminary decree is passed then a final decree is passed and share of plaintiff is confirmed to be handed over to him for which he is asked to pay stamp duty on which the final confirmed share is drawn and sent for registration and possession is handed over separately. It is not clear from your query where are you held up????????????
Querist :
Anonymous
(Querist) 24 September 2011
prabhakar sir, everything has concluded,that is to say title suit final decree has also been prepared. now just execution case is pending and going date to date.nothing is to be done anymore, but the court is just delaying .i dont understand why?what to do now sir, if the court just is delaying?
N. AKSHAY BERI
(Expert) 24 September 2011
MOVE AN APPLICATION BEFORE DISTRICT JUDGE TO DIRECT THE MAGISTRATE TO ISSUE ORDERS.
Raj Kumar Makkad
(Expert) 24 September 2011
You may directly go to HC and pray to issue a time bound direction to the concerned court to dispose off the case.
Shailesh Kumar Shah
(Expert) 25 September 2011
For speedy disposal of case, it seems that you need to go the High Court under Article 227.
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