Querist :
Anonymous
(Querist) 04 May 2015
This query is : Resolved
Sir I filed partition suit which declared preliminary decree for division of property. As the matter stood so cosharer filed forged unregistered relinquishment deeds claiming my share after declaration of my share. Court dismissed the interlocutory application. The cosharer again filed 3 lnterlocutory applications which were dismissed without admission as not maintainable. The cosharer gone for revision in high court for stay which was not granted by court.
Now can the cosharer go for an appeal in an interlocutory application in a partitoon suit pending for final decree Please kindly advise how can the cosharer be granted liberty to appeal against interlocutory application dismissed by trial court when the revision in the high court is disposed without granting stay MS
Dr J C Vashista
(Expert) 05 May 2015
I stand with the opinion of experts, no reply for anonymous author? Why do you conceal your identity if you are interested to take benefit of FREE social service from the experts on this platform, which they are willing to extend as per rules, despite their over-committed professional life?
Querist :
Anonymous
(Querist) 05 May 2015
This query is not anonymous I inadvertently clicked anonymous tab before I could realise it is wrong tab. If it was anonymous I could not have got opportunity to log in. I leave discretion to experts to reply for my query.
M.Satyanarayana
T. Kalaiselvan, Advocate
(Expert) 06 May 2015
Dear Mr. Satyanarayana, it is the right of the appellant to prefer an appeal against the order by which he stands aggrieved, you cannot question his rights, the maintainability factor will be decided by the court moved with the said appeal. Do you think you can deprive somebody's right?, don't be in a hurry, wait for the outcome of the appeal if at all taken on file by high court.
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