Partition decree to be executed by Trial Court

Querist : Anonymous (Querist) 22 July 2010 This query is : Resolved

Sir,

In my partition suit High Court has passed decree in my favour in my mother's property between our family members. Myself, my father and my sister final decree to be executed by the Trial Court. My sister has appealed to the Supreme Court but the Hon'ble Supreme Court dismissed her appeal.

Now can I proceed for Trial Court for passing the High Court decree for claiming my share in the property. Please will you sir, tell me what are the procedures for filing for final decree to be passed in the Lower Court (Trial Court). Whether my sister to stop me from claiming my property institute any other cases against me ?

Please kindly advise I will be grateful for your advise.

Thanking you,

M.S.N.

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Devajyoti Barman (Expert) 22 July 2010
Which court passed the decree - lower court or the high court in its original jurisdiction as the execution of decree is different for both the courts.
The execution of decree is governed by Oder 21 of CPC but every high court has got its own Rules for Appellate Side and Original Side to be followed.

s.subramanian (Expert) 23 July 2010
first of all file an application for final decree and appointment of a commissioner to divide the properties by metes and boundes in accordance with the preliminary decree. this has to be done under order 26 rule 10 of cpc.

Chanchal Nag Chowdhury (Expert) 24 July 2010
Your question is confusing. In one place U have stated that a final decree has been passed.Why should U then have to move the HC?
All that is left is to execute the decree by means of a partition deed in terms of the decree & have it registered, if required, through court.
If the decree is preliminary, it has to be made final in the trial court before moving to HC.

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