Partition and Will

Querist : Anonymous (Querist) 14 July 2010 This query is : Resolved
Sir,

My mother died intestate leaving behind myself, my father and my sister. Before my mother's death I was staying in Bombay. When I want to stay in the house of my mother's property my refused to share the property with me. I file a Partition Suit in the Trial Court and due to my wrong advise of the counsel I lost the case. Then I approached High Court. The Hon'ble High Court was pleased to give judgement in my favour. The Will in question was held invalid and untenable under the law. The High Court gave the following order.

appeal is allowed and there shall be adecree of partition granting 1/3rd share each to the plaintiffs (father &son) and the defendant (sister) as sucessors of my late mother with regard to the suit schedule house. Further there was mesne profits past and present and extent of final decree the plaintiff shall approach Trial Court which shall be determine by causing enquiry and pass appropriate orders."

Now I came to know from my relatives that my sister is moving Supreme Court by placing Additional Documents and praying for Interim Relief.

My doubt is, will they succeed in getting Interim Relief by placing additional documents and praying interim relif ?

What about the mesne profits past and Present given by the High Court ? Will the Apex Court ignore the mesne profits involved in this case.

I have not filed Caveat in the Apex Court. Is it possible for me to file Caveat in the Apex Court ?

In what situation Interim Relief is provided to the appellants ? Is it arbitrary or by rule.

Please kind advise me on the above I will be grateful for your advise.

Thanking you,

M.S.N.

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Devajyoti Barman (Expert) 14 July 2010
Yes file a caveat in the supreme court immediately. Getting a interim relief is not so easy in SLP.
The nature of interim relief needs to be known for determination of its chances in the apex court. Generally the court grants stay of the judgement and order impugned therein if it chooses to admit the appeal.

Chanchal Nag Chowdhury (Expert) 17 July 2010
U may file a caveat in the SC if U so feel.
For the present, be happy with the HC order.
RE: fate of future case in SC ,consult an astrologer & not an advocate.

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