Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Ranadeep (other)     02 July 2014

Partition

My uncle and I have been engaged in a partition suit from 2009.The suit is for the partition of a floor which I am currently in complete possession.  I had got interim injunctions from the trial court till 2011 directing to maintain STATUS QUO in terms of nature and possession of the property. In 2011 the court passed an ex parte order in my favour and made the STATUS QOU injunction   Absolute till the disposal of the plaint. In 2013 the trial court gave a preliminary decree stating both parties have 50% share of  the property.

My question is

1. Does a preliiminary decree mean the plaint has been disposed of? (the plaint was filed by me )

2. Can the ex parte absolute injunction be challenged now in the lower court  after so much time? (It has been more than 30 months since the ex parte order was passed)



Learning

 1 Replies

T. Kalaiselvan, Advocate (Advocate)     05 July 2014

Preliminary decree is not the final decree in the partition suit.  The court has decreed the suit, but in the final decree only the allotment part of individual share equally will be decided.   Exparte interim  injunction can be challenged anytime during pendency of suit.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register