Execution of preliminary decree

This query is : Resolved 
 


Querist : Anonymous (Querist)
29 May 2020

Sir(s)/Madam,

I filed a partition suit and court passed a preliminary decree between the parties. I applied for final decree proceedings along with metes and bound. The against party by filing one or the other petition prolonged the case for many years. Meanwhile I am not able to pursue the case due to my work and my case was dismissed. I filed restoration petition which was allowed by the trial court . The against party aggrieved by the trial court filed civil revision petition in the high court. Against party while going to the high court did not issued any notice to me.. When I searched the high court website I found the case is pending without showing any next date of listing. Further there is no mention of either admitting the case or for any further hearing it shows only PENDING. There is no stay order or any order mentioned in the status. My counsel died recently and could not understand what is the status of my case. Whether I can move forward for filing final decree proceedings in the lower court or I should respond to the I.A. which is not showing any order or notices issued to me.
whether court will issue any order without my knowledge when there is no next listing date in pending case.

Please kindly clarify my doubt I am not understanding the legal implications about I.A. Pending in High Court.with out next listing date and any orders without notice how can respondent counsel appear for case.

Thank you,

M.Satyanarayana


Raj Kumar Makkad (Expert)
29 May 2020

The status of the pending revision before high court shows that the revisionist has even not argued for its admissibility so you need to care for this and should persue your pending case before trial court. As there is no stay to proceed with, the trial court shall be free to decide the same as per law. You need to engage another counsel in the given circumstances immediately.

Rajendra K Goyal (Expert)
29 May 2020

Trial court may proceed with the case, no interim order passed by High Court.

Have a continuous search regarding proceedings of the case pending with the High Court, Engage a lawyer to protect your interest at High Court..

K Rajasekharan (Expert)
29 May 2020

Unless there is patent errors in regard to any fact or law relied on by the judgement in question, the high court will not interfere in the trial court judgement, in a revision petition. In an appeal the appellate court may interfere but in revision petition the usual practice is to ignore the unexceptional errors.

Therefore, as advised earlier by other experts, the only meaningful course available to the querist is to follow the trial court proceedings and ignore the revision proceedings.

The revision petition in question is already admitted and that is why it has got a case number and included in the case information system.

P. Venu (Expert)
30 May 2020

You are overburdening yourself. You have no concern with the proceedings in the High Court unless and until you are served notice of the proceedings. You can appoint a another advocate and proceed with the final decree proceedings as if there is no such proceedings in the High Court.

Asgher Mahdi (Expert)
31 May 2020

I goes with Mr.Rajshekharan opinion

Dr J C Vashista (Expert)
31 May 2020

Very well advised by experts, I concur.,
You have not been served with notice of revision from High Court, therefore, no need to bother.
If your counsel is expired, you have to find and engage another lawyer to proceed / contest the case(s) on your behalf.

Rajendra K Goyal (Expert)
31 May 2020

While have a close look on the proceedings at High court, Continue with your proceedings at lower court as no stay has been given by High court.


Querist : Anonymous (Querist)
31 May 2020

Information is helpful Thank you

Raj Kumar Makkad (Expert)
01 June 2020

You are always welcome Mr. Author and may revert in case of further advice.



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