sir, in case of a partition suit, where preliminary decree is granted to plaintiff - 1. if defendant files a appeal ,can a stay be automatically granted to defendant. ? 2. if granted, and if decree holder wants to get such stay vacated, how long will it take to get it vacated? will it be again years like appeal process to get heard? if it is quick, then why does partition suit cases runs for decades in the name of appeal?
R.Ramachandran (Advocate) 21 February 2018
It all will depend upon the soundness of the preliminary decree.
The appeal court will examine whether the case is made out for grant of stay. Only then stay will be granted otherwise not.
But as al Preliminary Decree Holder, one can file la CAVEAT Petition so that at the time of hearing the appeal, the preliminary decree holder will also be heard and only thereafter the court will decide whether stay to be granted or not.
But, if stay is granted, then it will take some time to dispose of the Appeal. The delay takes place because of huge pendency in the courts and number of cases that the Court has to handle in a day.
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