Finality of decree in partition suit
Querist :
Anonymous
(Querist) 28 November 2011
This query is : Resolved
Sir,
I am holding preliminary decree in my favour from High Court in the partition suit contested against forged WILL created by my sister. My sister who filed SLP and Review petition in Supreme Court was dismissed and high court judgement became final. I filed for final decree in the trial court on the basis of High Court Decree for 2/3 rd share. My sister unable to obtain any stay after dismissal of SLP and review petition, with ill motive and malafide intention second time in the same suit created a false and bogus unregistered relinquishment deed to stall my final decree in the trial court. I objected for marking of the documents in the court filed by my sister. My question is when there is a decree from the High Court and confirmed by the Supreme Court in my favour for partition can my sister stall the proceedings in the trial court by a forged and bogus relinquishment deed second time.Can a decree holder be prohibited from proceedings for final decree in the partition suit. Whether my final decree proceedings will be stalled till the unregistered bogus relinquishment deed is decided by the Court. What is legal remedy to be pursued in the such situation. Can abuse of process of law be applicable in this case.
Kindly enlighten me on the above.
Thanking you,
Yours faithfully,
MSN
M/s. Y-not legal services
(Expert) 28 November 2011
as of your statement already an advocate on record for your case.. so just you may consult him and discuss elaborately about your case..
its may be help to maintain your relationship also..
sorry if i am not make you satisfied..
Querist :
Anonymous
(Querist) 28 November 2011
Sir,
I think you have not understood my query in the proper perspective. Further even if an advocate is on record there is no harm in knowing the opinion of other advocates in the lawyersclub web site. And there is no prohibition against asking intelligent questions so that other web vistors can come to know and they can solve their problem by knowing this problem. Instead of giving frank reply you have shown your reluctance.
Thank you,
