To get final and execution decree in civil land partition suit

Guest (Querist) 02 April 2015 This query is : Resolved
DEAR EXPERTS,
I HAVE FILLED PETITION FOR FINAL DECREE 1/5 SHARE IN LAND PARTITION SUIT DISTRICT COURT. BUT MY COUSIN (OPPONENT) HAS GIVEN OBJECTION AND ASKED MONEY FOR LAND DEVELOPEMNT WORKS RS.500000/- WITH PROOF OF PHOTOGRAPHS. PLEASE GIVE YOUR ADVISE TO MY FOLLOWING QUERY.

1. IT MAY GO ANY DELAY FOR GETTING MY FINAL DECREE THIS MOMENT?

2. IF COURT ACCEPET HIS REQUEST, SHOULD I PAY THIS LAND DEVELOPEMNT COST RS.500000?

3. CAN I GO HC AGAINST HIS OBJECTION?

4. HAVE ANY CHANCE TO ACCEPT COURT HIS PHOTOGRAPHS PROOFS (LAND DEVELOPMENT WORKS)?

5. MAY I KNOW HOW LONG IT WILL TAKE TO GET FINAL DECREE & EXECUTION DECREE AFTER THIS PROCESS?

THANKS ADVANCE FOR ALL EXPERTS.

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Devajyoti Barman (Expert) 02 April 2015
1. In final decree no new issue would be decided. only physical possession would be decided. If your cousin is aggrieved by preliminary decree then he should prefer an appeal.
2. Not arising.
3.Yes
4.No
5.It takes time. Apply for appointment of advocate commissioner to physically demarcate the respective share.

ajay sethi (Expert) 03 April 2015
agree with Mr barman

Rajendra K Goyal (Expert) 03 April 2015
Agree with the expert Devajyoti Barman.

Advocate Bhartesh goyal (Expert) 03 April 2015
Mr Barman is absolutely right.

Dr J C Vashista (Expert) 03 April 2015
@Sujatha Raghuram,
Have you really filed suit/petition for passing a final decree? If so, please discuss with your advocate. Otherwise your statement is misconceived and wrong, as it do not require any fresh suit.
Final decree is passed on the basis of preliminary decree and acceptance of recommendation/ suggestion for physical possession as advised by expert Sh. Devajyoti Barman, I agree with him. Objection raised is not maintainable but the defendant has to file appeal, if aggrieved by preliminary decree.
Regarding payment or non-payment of development charges discuss with your advocate and seek his/her advise and guidance since s/he is fully aware about the facts and judgment.

T. Kalaiselvan, Advocate (Expert) 08 April 2015
Agreed with the opinions of expert Mr.Barman.

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