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H K   03 September 2023

Civil

A case was filed about a partition suit in lower court but after many arguments lower court did not gave any judgement so a case was filed in high court about the lower court. High court pass a order to give judgement and final degree within a month but lower court dismissed the case so again a case was filed in High court and after many days High court pass the judgement and order to lower court to give the prilimary degree within a month. High court also says that the matter is "stand allowed and dispose of" . My question is that is the status quo order will be still maintained until the final degree ?

The defendant started construction in the property under the case. What should I do now ?


Learning

 3 Replies

T. Kalaiselvan, Advocate (Advocate)     04 September 2023

The high court has remanded the case to the trial court and instructed to dispose the case within a month.

Hence you wait for the trial court's judgment  in  premliminary decree  after which you may apply for final decree.

 

Dr. J C Vashista (Advocate )     04 September 2023

As per facts posted you have approached High Court for issuance of necessary directions to Trial Court to pass orders within a time frame, is it so ?

If so, the Trial Court shall have to obey the orders as mandated. 

Facts posted are not very clear to form proper opinion and oblige.

What is the opinion and advise of your lawyer ? 

Real Soul.... (LEGAL)     04 September 2023

You should file an application for intereme reliefe in the trail court , you were suppoused to ask the higher court for status quo


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