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(Guest)

Ia pending - partition suit - trial stage

hello,
in case of parittion suit ,  (plaint vs 2 defendants),when the case is at trial, what does it mean by IA pending.
is this the IA filed along with the plaint or is it the IA filed by the defendant that is being referred here? is it possbile to skip the IA during the trial stage.  what ithe need for IA  in case of a partiton suit where - prelimnary decree, commissioner appointment and final decree is prayed for.
how does this IA pending works in trial. also, is it true that IA is filed during trial just to drag the trial process



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 4 Replies


(Guest)
IA is interim application..IA pending means it has not been decided till date..You better don't skip it..IA can be for interim stay till final disposal of case..

(Guest)

thanks.
but what exactly happens in a IA pending phase during trial and how long does court takes to decide on t.
the below is the summary of what is prayed in IA filed by plaintiff at the time of filing the paritition suit.
" to grant an interim injunction restraining the respondents, their men, agents or servants or anyone acting on their behalf from alienating or creating any encumbrance over the suit property"

 


(Guest)
The day it is listed for argument it will be decided. During the pendency of suit they want protection of property and stay so that no third party interest is created.

(Guest)

sir
just for my understanding. how will this help the plaintiff who is fighting for his rights on the property?

. anyway, when the plaint wins the preliminary decree/final decree after the arguments, he is going to get his  interest protected. what effect will getting this IA approved at this argument /final stage help?
it makes sense if the IA is allowed well ahead at the beginning of the case, may be during initial hearing, so the interest of the plaint is protected until the case is decided that usually takens minimum of a year.

moreover, is filing a IA petition mandatory to be filed as part of the original suit in case of parittion suit where preliminary and final decree are prayed for?

 

 


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