Partition

Koundinya (Querist) 24 December 2015 This query is : Resolved
Respected Sir/Madam,

I lost a case in Trial courts despite having a registerd Will and the property is my father's self acquired. My father willed to me with absolute rights. The plaintiffs are my siblings. I got a stay in High Court more than 6 months back. The Counsel for respondents has still not filed a counter claim.

How much more time do the respondents have? Is there a time limitation, to begin with?

Thank you for your valuable advice.

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SURESH BV, Advocate (Expert) 24 December 2015
Mr.Koundinya,

Counter and counter claim are different. Procedure does not say that counter to be filed in the appellate Court and as for as counter claim is concerned, the party should have raised in the trail Court and not at the appellate stage.

Koundinya (Querist) 24 December 2015
Dear Sir,

The judgement went against me in the trial court. That's why I got a stay from the high court.

"While we see no reason to stay the final decree proceedings, the interests of the appellant would be adequately secured, if the Court below is directed not to pass a final decree, pending further orders."

Could you explain please. What could be implications?

Thank you,sir.

Devajyoti Barman (Expert) 24 December 2015
Yes, it is order of stay on the judgment challenged before the high court. Now try to get final hearing of the appeal asap. It takes though time in high court to finally hear the appeal.