(Guest)

Appeal process- partition suit -

hi,

in case of a partition suit , after winning a final decree at a distrct court ,what is the wait time befoer a execution petition to be filed. does any appeal filed/to be filed has any binding on the execution petition t be filed and taking over my share.

this is for a share of 3 in a ancestral property where my share of 1/3 is confirmed through a final decree. in this case , do i need to wait for the appeal to be decided before taking over my share. also, how is the apppeal usually accepted in this case of partition suit . is it merely based on additional docs or facts submitted?

i dont want the defendant ,who is in forced possession, to use the appeal prcess as a frivolous tactic to continue his possession . so please advise how to avoid such situation.

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7 Replies

N.K.Assumi (Advocate) 29 November 2017

You cannot prevent any aggrieved party to appeal provided by law..

KISHAN DUTT KALASKAR (Advocate) 29 November 2017

You have file Caveat Petiton before the Appellate Court which enables you to get notice of appeal if preferred by other side. By the by no ad interim ex-parte order will be issued without hearing you.

(Guest)

thanks for the advise experts.

1. how does a caveat help in this case. what benefit does it give me by enabling me to get notice of appeal before it is getting filed. does that mean,with the CAVEAT ON, i can object the appeal and avoid a long pending wait process because of appeal?
2. my understanding is that the appeal happens mainly by facts and any additional evidene and there wont be any hearings as such like the trial in both sides. so, what is the hearing you are referring to?

please clarify

Kumar Doab (FIN) 29 November 2017

Agreeing with above advices.

Usually time to comply with orders of the court is narrated in order.

In case there is non compliance the aggrieved party may explore option of execution of decree.

OP has his/her rights. However, If you have the grievance that OP is resorting to tactics and abusing process of law/wasting time of court, you/your lawyer can appraise the court.

Kumar Doab (FIN) 29 November 2017

For your academic interest you may go thru e.g;

Code of Civil Procedure, 1908 : Order 21 Rule 35

https://www.lawzonline.com/bareacts/civil-procedure-code/order21-rule35-code-of-civil-procedure.htm

ORDER XXI - CODE OF CIVIL PROCEDURE, 1908

https://www.lawzonline.com/bareacts/civil-procedure-code/orderXXI-code-of-civil-procedure.htm

Order 21 Rule 8

https://www.lawzonline.com/bareacts/civil-procedure-code/order21-rule8-code-of-civil-procedure.htm

Order 21 Rule 10

https://www.lawzonline.com/bareacts/civil-procedure-code/order21-rule10-code-of-civil-procedure.htm

Kumar Doab (FIN) 29 November 2017

You may also go thru the material placed by jurisdictional HC at its ebsite e.g;

CHAPTER 12

Ch. 12

Execution of Decrees

https://delhihighcourt.nic.in/writereaddata/upload/CourtRules/CourtRuleFile_E6VA2GCV.PDF

Or even at e-courts

https://ecourts.gov.in/sites/default/files/excisecourtsklm.pdf

Your own lawyer that has helped you to succeed and be awarded with decree in your favor can update you on your queries …and apprehensions.

https://cja.gov.in/data/Executions.pdf

(Guest)

thank you so much kumar ji. those are very valuale links and advises.

the fact of delay tactic expected to be used by the opposite party is only my guess based on the facts i know about the party. so want to be prepared, if that such delays happens, how to enusre i dont fall into the a long standing trap again in the name of appeal. i very well understand the rights that the party has to go for appeal, but when it is really frivolous and for the nature of delaying and continuing his possession(whe he had already used in this 6 yrs of partition suit case), i want to ensure i am prepared for it this time.