Suit for partition
M Satyanarayana
(Querist) 26 March 2013
This query is : Resolved
Sir,
I filed partition suit against my sister for 1/3rd share in my mother's property. My sister won the case against forged will in the trial court. I appealed in the High Court and got my share 1/3rd and my father's share 1/3rd and passed preliminary decree by the High Court in 2010. My sister appealed against the High Court order the same was dismissed in the same year. I filed for final decree proceeding. To my misfortune my final decree proceeding were stalled by sister and their family members in the trial court by adopting corrupt ways and bribing the staff to prolong the dates for passing final decree. I got an order also from the High Court directing to complete the final decree proceedings within 3 month's time. But to my misfortune the High Court order is not executed, the case is still pending for passing final decree. My counsel (advoate) is trying his level best to get final decree proceeding but without success. The case is pending for final decree from the last 3 years after preliminary decree confirmed by Supreme Court. My sister on one pretext or the other the case is being prolonged.
Please kindly advise I will be grateful. Is there any other way in the court to expedite my final decree and final execution of partition suit. What are the options before me.
Thanking you,
MSN
Raj Kumar Makkad
(Expert) 26 March 2013
You shall have to again go to high court and shall have to get the execution of its earlier order passed directing the lower court to pass final decree within 3 months.
Adv k . mahesh
(Expert) 26 March 2013
i agree with Mr Makkad apply again for execution
