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Sagar   06 August 2017

Stay order exh.5

Order Exh.5 Passed by the appellate court to stayed to the extent of delivery of possession of the suit property till the decision of the appeal. Now respondent file the request to Tahsildar to proceed with partition as per lower court judgment and don’t provide the possession as per appellate stay order. My Question are below. 1) Tahsildar can approve the order for partition? 2) Can we challenge the same in session or HC. 3) Any other action can we take to avoid execution and operation of decree passed by lower court till the time of appeal decision.


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