• Property case status

Hello

our property case filed at the  additional civil court @bangalore reads as 
case status  : case disposed
nature of disposal : --decreed
Decision Date : 05th September 2011
The ruling was in our favour and dismissed the defendants suit.Lawyer fees was awarded as Rs.2000/.
We immediately filed a caveat to higher court.
We are still awaiting the decree copy since 2011
Our query
1) Can we sell the plot now without the decree copy
2) Can we assume that the case is solved and the property is ours!! without any dispute again
3)Is there any way for getting the decree by applying at the court
4)Does the delay in receiving the decree have any consequences
Asked 1 year ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) it does not take 4 years for obtaining certified copy of decree

2) since no appeal is filed by the defendants against order passed by trial court order is final and binding upon parties 

3) you can sell the property since no appeal has been filed nor stay granted 

4) has your lawyer made application for drawing of decree  .draft decree is drawn and submitted to the decree department by the advocate 

5) contact your lawyer in this regard 


Ajay Sethi
Advocate, Mumbai
23367 Answers
1224 Consultations
5.0 on 5.0
1. The decree copy does not take more than 2 weeks to be given even in those states where the courts have the highest pendency of cases. It seems that you did not pay the necessary court fee for decree copy. 

2. Unless the judgment has been challenged in a higher court and any stay has been ordered against the sale by such court you are at liberty to sell the property. 

3. No don't make any assumptions in legal process. Your lawyer can find out the status of the case.

4. The delay in getting the decree does not have any consequences except that without reading the judgment you will not be able to know what is the order passed by the court. 
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
1. Get the decree copy first to deal with the subject property,

2. You can not assume anything in connection with legal matters. You should have hard evidence in support of your claim,

3. File an application for the said copy of the decree,

4. Not apparently if it is a fact that tye decree was really issued.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Hi, you have to make an  necessary application in the court and get the certified copy of the decree.
2. Though you have filed the caveat but validity of the caveat is only 90 days so before selling the property you just enquir in the high is there any appeal is pending on the lower court number and get confirmed and sell the property.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0

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