Don't want to contest in supreme court

The appellete Court (Supreme Court) shall decide it as ex-parte.

The supreme court will decide the appeal based on the merits of the case

That is right to everyone citizen for appeal. If you win in high court the defendant may or may not go appeal. Appeal is not mandatory. It is an optional for looser of suit

Dear Reader, 

Dear Reader,

Thank you for your query. In India, the High Court serves as the highest court within a state, and its decisions are binding within that jurisdiction. If the High Court has upheld the partition of property in your favor, it signifies a thorough examination of the case's merits. The Hon'ble Justices at the Supreme Court of India are known for their meticulous scrutiny and are unlikely to interfere with a well-reasoned High Court judgment unless there is a substantial question of law or a significant legal error.

While any party has the right to appeal to the Supreme Court, initiating such an appeal is not straightforward. To appeal, the party must first seek special leave to appeal (SLP) under Article 136 of the Constitution of India. The Supreme Court exercises discretion in granting SLPs and typically does so only when the case involves substantial questions of law or public interest. Many SLPs are dismissed daily when the Court finds no merit in the appeal.

To protect your interests, you may consider filing a caveat petition in the Supreme Court. A caveat ensures that you are notified before any ex-parte orders are passed in the case, allowing you to be heard and present your arguments. This proactive step can help safeguard your rights and ensure a fair hearing.

Please note that the Supreme Court's intervention is discretionary, and it is unlikely to interfere with the High Court's decision unless there is a significant legal issue. Therefore, while you have the right to appeal, the chances of the Supreme Court overturning the High Court's judgment are minimal unless substantial grounds are presented.

Best regards,
Rohan Chanda Advocate.