• Final Decree Proceedings

Dear Sir,

Our property suit case is preliminary decree is done in taluka court couple of years ago. Before we file FDP, appellant got a stay from high court on the decree order it self. Below are my questions:
1. Can we still file a FDP in taluka court even when there is a stay?
2. Our case on high court is in final stage, can we wait till order is done at high court?
3. Once high court issues an order, does appellant stay gets invalid it self?
4. How long does FDP takes to get settled?
5. Can appellant appeal to supreme court? Any precautions that we need to take before they appeal to Supreme court? 
Please let me know your feedback on the above. Thanks for your time in advance.
Asked 6 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

15 Answers

You cannot take our further proceedings as stay order is passed by HC 

 

2) wait till orders are passed by HC 

 

3) stay order gets vacated on passing of final orders 

 

4) FDP can be disposed in a year time 

 

5) appeal can be filed in SC 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1) Appellant can file appeal and obtain stay orders 

 

2)you can take out FDP after passing of preliminary decree 

 

3) disposal of case in SC would depend upon pendency of case 

 

4)if there was no stay order passed Appellant could sell property pending hearing and final disposal of suit 

 

5) no need to file caveat in SC 

 

6) caveat is issue of notice before passing of orders 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. As lng as stay order is subsisting no execution case can be filed if not filed already or it can be proceed with.

2. once stay order os vacaed and the decree is affired or modified then only you can file execution to proceed with the same.

3. Since stay order is already passed there is no need to file caveat anymore You only need to appear in the appea and contest the same.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

As long as the matter is subjudice ie pending in the high court proceedings elsewhere cannot go on simultaneously. But once the proceedings in the high court are over and a judgement has been passed then as per the judgement you can further proceed either to the district court or the supreme court as the case may be.

A caveat should be filed in the supreme court so that you may know if the opposite parties file  a case there and you may be able to represent yourself.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You have to go to the Supreme court only if there is an unfavourable decision against you either in the hc or the district court.

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

As the order is stayed further proceedings cannot be done in the same before vacation of the stay. 

Yes you need to wait till high court case is disposed it challenged the stay in appellate court. 

If the said order is in favor his stay will be automatically vacated. 

Yes appeallant can appeal to Supreme Court or division bench of high depending on the appellate jurisdiction. 

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

Due to stay, FDP will not happen.

Have to wait till appeal dispose.

If HC dismissed the appeal, stay will vacate.

4. How long does FDP takes to get settled? -- one month.

Appeal is statutory right, He can file 2nd appeal in SC if his 1st appeal dismissed by HC. As a precaution, file caveat in SC.

Can proceed for FDP, if appeal dismissed.

Than you have to file suit for cancellation of sale.

SC may not interfere, if HC decide in your favor.

Caveat - No stay by SC without hearing you.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. No

2. Yes you will have to wait for the order of the HC. 

3. Yes

4. Consult with a local lawyer

5. Yes they can appeal to the SC

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Caveat is intimation to the court that if any appeal is filed against the particular order the you are told about the same. 

You may file the same before the SC. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

1. When the preliminary decree has been stayed, the Court will not allow final decree.

 

2. Get the order from the High Court in your favour vacating the said stay order.

 

3. High Court will vacate the stay order if it adjucates the matter in your favour.

 

4. It depends on how fittingly the opposite side opposes the application praying for final decree.

 

5. The Appelant might approach the Supreme court also if the High Court passes adverse order for them. 

 

6. You can apply for Caveat before the Supreme Court restraining them in availing any firther stay order without informing you and allowing you to contest their said petition praying for stay order.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. After getting favourable order from High Court, file the FDP immediately also filing Caveat before the Supreme court.

 

2. If the appellant has sold part of your undivided share, then you can certainly claim your share on it after the High Court passes order in your favour.

 

3. The matter migfht be settled in the Supreme court within one year or so.

 

4. Filing Caveat means that the other side can not manage to take any stay order from the Court without you been heward for which the other side shall have to send copy of their application to you.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1. After getting favourable order from High Court, file the FDP immediately also filing Caveat before the Supreme court.

 

2. If the appellant has sold part of your undivided share, then you can certainly claim your share on it after the High Court passes order in your favour.

 

3. The matter migfht be settled in the Supreme court within one year or so.

 

4. Filing Caveat means that the other side can not manage to take any stay order from the Court without you been heward for which the other side shall have to send copy of their application to you.


1. After getting favourable order from High Court, file the FDP immediately also filing Caveat before the Supreme court.

 

2. If the appellant has sold part of your undivided share, then you can certainly claim your share on it after the High Court passes order in your favour.

 

3. The matter migfht be settled in the Supreme court within one year or so.

 

4. Filing Caveat means that the other side can not manage to take any stay order from the Court without you been heward for which the other side shall have to send copy of their application to you.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

1.  No, final decree petition may not be entertained during the pendency of the stay by the high court.

2. yes.

3. Yes, the stay will be vacated automatically.

4. It may take another two years.

5. It is his decision which cannot be predicted. You can file a caveat petition before supreme court in advance before he approaches supreme court.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You can immediately file final decree petition if the appeal before the high court is dismissed.

It is a matter of trial which cannot be discussed at the final decree stage.

Let them go to supreme court, after which the timeline will be known.

Yes, you can file it in supreme court after the high court dismisses the appeal.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

No you cannot file for FDP in taluka court till there is stay from high court. 

Yes you have to wait for order of high court. 

Yes the stay vacates after decision of high court. 

any aggrieved party can file appeal in supreme court after decision of high court. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer