Civil suit

What is your problem / dispute / locus standi ? You are plaintiff / defendant or counsel for either of them ? There is no ("NO") confusion in law / procedure for professionals, as alleged. Amicable settlement is the cheapest, easiest and earliest option for the parties, if they are willing to make partition of the properties.

Dear Sir, We are the plaintiff. It is ancestral property. The case is between my FIL and his brother. My FIL has one daughter and his elder brother has 2 children. Amicable solution was tried by relatives for more than 10 years and could not conclude. He is asking for 2/3 rd share. We filed for partition suit in lower court and the final Decree was awarded in our favor for 50 : 50 partition. My FIL passed away during this period. The dependents applied for 1st appeal in high court and the same was disposed. EP was filed in lower court by us and was pending for 2 years as the case was at high court (eventhough no stay). After disposal of high court appeal during recent hearing at EP at lower court the defendents have filed petition under section 47 of CPC. Pls. guide.

Section 47 CPC Descripttion. (1) All questions arising between the parties to the suit in which the decree was passed, or their representatives, and relating to the execution, discharge or satisfaction of the decree, shall be determined by the Court executing the decree and not by a separate suit. You can reply to it.

"other party has filed petition under section 47 of cpc"! Section 47 CPC is a mere proposition of law. What are the objections filed thereunder?

Dear Sirs, Under section 47, the defendents have raised objection based on an Settlement Deed of 1994. The same was denied by my FIL during the preliminary decree and the deed was not accepted and rejected by the honorable judge and court as the deed was written on an old dated stamp paper of lesser value and also the same was purchased on some ones else name. Also the deed was not registered. Based on this only claim they have requested the hon. court to declare the jugegement as nullity and change the judgment as per the settlement deed.