"TO BE DECIDED AFRESH ON MERITS "

MEANS:- 

       RE-TRIAL:-

FRESH HEARING BY TRIAL COURT/LOWER COURT/ ORIGINAL COURT/ COMPETENT AUTHORITY 

Simple meaning is re-trial before the trial Court/ lower court upon hearing both the parties again on evidence adduced by both the parties. 

In my opinion you have good case. 

Other side parties may challenge the validity and authenticity of NOC and Affidavit, let them do it as per precedence and provisions of law.

Proving NOC and Affidavit are not valid would be definitely responsibilities of your opponents. 

You would win again based on your evidence adduced by you earlier before the court / competent authorities which are genuine and authentic as claimed by you. 

1. Who filed the appeal?

2. To be decided on merit afresh means that the order of trial court must have been modified or set aside and a direction has been issued by the appellate court to the trial court to decide the matter afresh on merits.

3. Consult a lawyer with a copy of the order passed by the appellate court.

The high court has directed that lower court shall decide the case after hearing both parties and considering the evidence on record 

it does not harm your case 

1. This means that lower court should not get influence by this Order and shall decide matter based on the merit of the case. 

2. See in trial court shall examine complete record and further pass order.

It means the court has not decided the issue finally. 

If this order is passed by the Appeal court then your case would be sent back to the trial court once again sk it hears the matter again on all points of contention or on the issue which this appeal court decided. 

1. It means that matter has to be filed again in lower court, for fresh hearing and deciding on available documentary evidences & witnesses.  Consequent to which final order will be passed.

2. The above means that ANY order that was passed earlier by lower court has now become infructuous and legally not binding on any of the parties.

It states that the said matter will be decided on merits again afresh 

It means entire judgment of the lower court is set aside. Thus the lower court is at liberty to decide the entire matter on merits by reconsidering the material on record.  If you wish you lead addition evidence if court permits and bring on record additional material in your favor. To elaborate my answer I require the entire judgment. of the appellate court. 

The court decided to analyze the matter afresh once again and the decision would be announced on merits. 

If the heirship certificate includes the name of all the legal heirs then there's no reason to be afraid about it. 

If one or more names of any legal heirs have been excluded in the list of legal heirs then the court may pass adverse orders. 

Mere NOC  from other legal heirs will not authorize you to exclude their names from the list of legal heirs in the legal heirship certificate. 

The higher court has said that the matter should be decided afresh ie it should again be decided by the lower court after again hearing the arguments and going through the evidence.

Yes your case is favourable.

- It means that the Appellate court has set aside /cancelled the order passed by the trail court ,where the original case was going on . 

- And further , the Appellate court has passed its order/direction to the trial court to hear/examine the case once again after giving property opportunity to both the parties. 

- Without getting earlier order , it is not enough to comment , whether you are in good position or not. 

Dear Sir,

This means that the case will be decided by the lower court on the merit and it will restart at the trial court where the lower/trial court will proceed as per law.  

Order may have pass in appeal, appellant court remanded the case back to decide afresh on merit. Previous order is set aside.

Heirship certifictse includes all siblings, NOC and affidavit will use to prove that certificate is not forged but with the concent of heirs.

1. The case has been sent back to the lower court with a direction to decide the matter afresh on merit.

2. The court lower will further decide the matter. after receiving copy of this order.

it's mean Court given Direction to Trial Court for re trial . 

depending on re Trial. 

1. Cases are always decided on merits of the evidence produced while trial. 

2. Revision or appellate court doesn't give directions on how trial court should proceed in any case. 

3. Yes you are in good position if you have consent from all legal heirs of deceased.