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Krishna   14 January 2022

Civil partition suit

Dear Experts,

My FIL filed partition suit for the ancestral property in district court (on his elder brother) and preliminary degree was awarded in 2014 and subsequently final degree in 2016 (50 : 50 partition).

The other party has appealed in high court in 2017 and subsequently we have applied for EP in district court in 2018.

Due to lockdown the case was extended and the high court appeal was dismissed.

Meanwhile EP was kept pending by district court event hough there was no stay.

Now after the dismissal of appeal in high court in Aug 2021, now the other party has filed petition under section 47 of cpc.

We have replied to the same as all points were already discussed in detail and dismissed during the preliminary degree itself citing no merits.

No new points were raised. However on our reply the other party has seek time to respond and hon. court has provided the same.

Would like to know experts opinion on how the case will proceed as no new points were raised and only old rejected points by hon. court was raised again.

Also is there any time limit for the other party to go for second appeal in high court as already 6 months has passed after the judgement.

Pls. advice.


 2 Replies

Advocate Bhartesh goyal (advocate)     14 January 2022

Scope of sec 47 CPC is very limited.In execution proceedings executing court can not go beyond the decree.executing court can decide the question regarding satisfaction and discharge of decree only.

Time limit to file second appeal has been expired now besides this two courts concurrent finding has been arrived so there is no substance if second appeal is filed with delay condon petition.

Krishna   18 January 2022

Thank you sir for your kind reply and providing me with a clarity and confidence.

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