Where to file final decree after preliminary decree.
ahmeduddin khan
(Querist) 11 March 2014
This query is : Resolved
hello sir, this is regarding partition suit filed in lower court by the plantiff (deceased daughter)for partition of deceased properties, the said lower court transfer the matter to high court since properties are matruka in nature, thereafter honble high court passed preliminary, since plantiff and defendant No,1 withraw from suit by taking their respective share, the honble high court appointed receiver cum commissioner for distribution of said suit properties,subsequently the said receiver alloted specific share to my father (defendant No 9)my father expired in 1996, we declare as his legal heir in said court, now we as legal heir of defendant No 9 want to file compromise final decree in lower, my question is since high court passed preliminary decree in 1958 whether we can file compromise final decree in lower court,and what is duration of time and under what rule and sections the lower court can take to pass final decree,? very greatfull for any advice,Thanks Ahmed khan.
R.K Nanda
(Expert) 11 March 2014
ur case is now time barred.
ahmeduddin khan
(Querist) 11 March 2014
thank u Mr.R.K.Nanda sir,for u precious time,sir since preliminary decree passed only and final decree still need to file for the civil suit properties, because sir, recently honble high court passed final decree in favour of one of defendant,(my father brother) for same civil suit property,sir in high court i am getting unnecessary objection therefore i want to file compromise final decree in district court.the receiver cum commissioner submitted report of allottment in 1964,subsequently honble high court accepted the said report, and my father cleared the laibilities also, now my siblings want to enter in compromise final decree,and i have extract i satified copies of allotment from high court. now i want to file compromise final decree and excution of decree in district court only, sir, i will be very greatful for u r precious advice,ahmeduddin khan,
