T.K.DAS 24 December 2021

How do i dismiss or cancel final decree proceedings in a partition suit?

In a partition suit, preliminary decree has been granted by the lower court and it was also modified by the High Court in an appeal.

Now, final decree proceedings are in progress in the lower court.

The final decree petition was allowed, commissioner was appointed, and he submitted a report also. We filed objections also. Final decree is likely to be passed soon.

Now, I want to cancel or stop the final decree proceedings on the ground that the preliminary decree was obtained by fraud and by suppression of material facts.

Is it possible to cancel or stop the final decree proceedings? How do I do it? What is the procedure to be followed?

Kindly share your contact details also.

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4 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 24 December 2021

Hello,

The final decee can be challenged before appellate court. Priliminery and final decree are diffrent. So to set aside final decree, fraud in priliminery decree cannot be sole ground.

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T.K.DAS 24 December 2021

Sir, the final decree proceedings are still in progress. Final decree has not yet been passed. It is likely to be passed soon, probably by February, 2022.

I want to know whether the final decree proceedings can be cancelled or dismissed, because I am sure that they committed fraud and I have evidence to prove it.

I want to dismiss the final decree proceedings before the final decree is passed.

Is it possible? Is it possible to dismiss the final decree petition?

Regards.

Anaita Vas 19 January 2022

As long as the matter is subjudice, i.e. pending in the high court, proceedings elsewhere cannot go on simultaneously. But once the proceedings in the high court are over and a judgment has been passed, then as per the judgment you can further proceed either to another court.

Regards,

Anaita Vas

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T.K.DAS 20 January 2022

Thank you for your reply.