Partition suit and final decree
M Satyanarayana
(Querist) 25 June 2013
This query is : Resolved
Sir,
I filed final decree proceedings for my 2/3rd share in the partition suit which belonged to my mother and other 1/3rd share to my sister. I filed partition suit against my sister long back 17 years ago, now suit is coming to an end after passing of preliminary decree by High Court.
My sister who is admant and criminal minded occupied the whole property by filing false unregistered reqlinquishment deed which I contested her petition for sending for stamp duty subsequently dismissed. Again her daughter filed third party claim petition claiming she is the absolute owner of the property before filing the partition suit. My sister and her daughter filed petitions under Sec 47 C.P.C., Sec 45 of C.P.C. Section 151 C.P.C.
My counsel contested before the judge that the petitions are not maintainable.My sister forcibly resisting the final decree inspite of having clear order "final decree proceedings to be completed within 3 months from the date of this order" in C.R.P. by High Court.
I would like to know what will be the status of my preliminary decree passed by the High Court and subequently appealed and dismissed against my sister in the Supreme Court of India. Can court allow my final decree proceedings and appointment of advocate commission. What is the maintainability of petitions filed by my sister to stall my final decree proceedings.
Kindly advise me for which I will be grateful to you.
Thanking you,
MSN
Nadeem Qureshi
(Expert) 25 June 2013
Contact a lawyer, you can easily bear consultation fee
Raj Kumar Makkad
(Expert) 25 June 2013
There is no scope with your sister to resist the final decree as the lower court has already been made bound to decide it within a stipulated period.
M Satyanarayana
(Querist) 05 July 2013
You have reposed confidence in me. Thank you for your reply.
prabhakar singh
(Expert) 05 July 2013
All is her delaying tactic.Even a bogus application is able to buy some time to her
as delay is only solace she as as result of litigation.Fortunately you have a time bound order.
