Application for final decree
M Satyanarayana
(Querist) 15 March 2013
This query is : Resolved
Sir,
After preliminary decree in a partition suit when appointed advocate commission has failed to carry warrant for demarcation and metes and bound report. The failure of non execution of warrant for demarcation was deliberately delayed and not executed due to advocate taken side with the other party thus delaying the final decree proceedings.
How many times party can apply for final decree proceedings. Any fees charged for not submitting advocate commission report or they have to compulsorily submit advocate commission report.
What is remedy for not effecting the preliminary decree for final decree proceedings deal in appointing advocate commission by other party.
Is there any loss of rights or interest for the decree holders.
Please advise and suggest proper steps to proceed for final decree.
Thanking you,
MSN
Raj Kumar Makkad
(Expert) 16 March 2013
Actual loss can be told by the concerned affected parties only. However, in such matter, the affected party should file an application before the concerned court to direct the commission to execute the direction of the court as earliest as possible and if one smells any foul game in the hands of such commission, it should also be brought to the knowleddg eof the court and such commission should be got removed and a new one should be got appointed.
prabhakar singh
(Expert) 16 March 2013
File an application in court for withdrawal of writs(parvana) issued to appointed commissioner for his deliberate disobedience
in execution praying a replacement of the commissioner,there would no case of damages against him for reasons stated.
