Babugrly Govindan 20 December 2025

Challenging preliminary decree

In a property(this was bought by father 'A' out of his earnings) (which was transferred by father to only son 'B. through settlement deed & will) civil suit one preliminary decree was passed in 2010 against the son 'B'. After that there was no development. Meanwhile 1 out of 5 plaintiff (daughters) passed away (one daughter [2016]) and 1 out of 2 defendants (Mother & son) passed away (Mother [2017]). The property was in possession of son up to date. In June 2025 the case was again taken by one of the grand son, then only son came to know about the passed decree. There was no communication at all. Now son is appeals against. Whether delay can be condoned

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4 Replies

T. Kalaiselvan, Advocate (Advocate) 21 December 2025

You can file an appeal with an application to condone delay for the reasons you rely upon and produce supporting documents to convince court about the reason you stated for delay.

Dr. J C Vashista (Advocate ) 21 December 2025

Preliminary decree is stated to have been passed in he year 2010 i.e. about 16 years ago. Why the case is pending for passing final decree since 2010?

What is the opinion and advise of your lawyer who proceeded /contested the suit since s/he is well aware about facts and circumstances of the case besides the fact that s/he is an able, competent and intelligent enough to satisfy your question (which is not a query in this post) ????

Advocate Bhartesh goyal (advocate) 21 December 2025

Courts requires rigorous explanation for condonation of delay and do not condone delay on general reasons.Although courts have power to condone delay but you have to show sufficient cause and explain each day delay.

P. Venu (Advocate) 22 December 2025

Facts posted are too confused and disjointed. How could there be preliminary decree if the property is settled? Such a decree is possible only if the property is partible.