hi we are the thre sisters and i lost a partitiion suit case against my other two step sisters in thirussur and currently in possesion of the property. preliminary decree was granted confirming shares. what are my options now. 1. can i go for a appeal .will i get a stay automatically along with appeal n high court.? 2. how long does it take to get stay. 3. are my sisters allowed to enter the property with the court preliminary decree they have or does it have to be a final decree ?o
R.Ramachandran (Advocate) 28 March 2018
Without seeing your entire case details it is not possible to give any answer to your query.
Having said this, whether or not you can go for an appeal, depends upon the details of the case, what mistakes that you find in the decision given by the lower court, the grounds you have to go on appeal etc.
As regards, getting Stay, again it will depend upon the facts and circumstances of the case and also the grounds that support your case and whether the decision given by the lower court is not sound either on legal basis or on fact basis.
Your sisters cannot disturb you now on the basis of preliminary decree, they have to wait for final decree.
KISHAN DUTT KALASKAR (Advocate) 28 March 2018
Dear Sir/Madam,
Since your case is complicated case as such I require documents and same may be send to my email/PM (personal mail) for detailed legal advise.
With regards,
Legal Expert
hi
i lost the case basically because of a unregisted settlement deed that my parents had given me since i was unmarried and taking care of them.
1. is it possbile to get a stay on the execution proceeding
2. how long will the stay be valid? can the stay be quashed by opposite party
3. was told the next step is court commmissioenr for survey..should i allow th court person to take survey if if a appeal is filed
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