Yes court decides the costs and same is ordered. Yes you can handover 

when a court passes judgment, it may also pass an order for costs, requiring one party to pay the other party's expenses incurred during the litigation.

2) if defendant files appeal until appeal is disposed of orher does not attain finality 

3) it takes  over year for decree to be drawn up 

The limitation period for filing an appeal against a Small Causes Court order in the High Court is 90 days.

appeal may take some years to be disposed of 

Don’t  hand over part of land in your possession to landlord 

wait till you receive certified copy of judgment 

then take a call 

It is necessary to peruse court order to advice 

You can do that only if settlement happens not against the order of court 

It's understandable that after 37 years of litigation, you have many questions regarding the implications of the judgment. Here's a breakdown of your queries based on the information provided and general legal principles in India:

Recovery of Costs

1. What is the process for recovering the cost from the defendants? The judgment states, "The suit is hereby decreed with costs." This means the court has ordered the defendants to pay your litigation costs. The process typically involves:

   • Drawing up the Decree: The court clerk will prepare the formal decree, which will explicitly state the amount of costs awarded or provide a mechanism for their calculation.

   • Execution Petition: If the defendants do not pay the costs voluntarily, you will need to file an "execution petition" in the same court that passed the decree. In this petition, you will ask the court to enforce the decree, including the recovery of costs.

   • Modes of Execution: The court can then employ various methods to recover the costs, such as:

     • Attachment and sale of the defendant's movable or immovable property.

     • Attachment of the defendant's bank accounts.

     • Garnishee orders (directing a third party who owes money to the defendant to pay it to you).

     • In some cases, arrest and detention of the defendant, though this is rare for monetary decrees unless there's a clear refusal to pay despite having means.

2. Do courts decide the cost? Yes, the court decides the costs. The term "costs" in a decree usually refers to the "taxed costs" or "legal costs" as per the court rules. These typically include court fees, advocate's fees (as per schedule), expenses for witnesses, and other incidental expenses incurred during the litigation. The court either specifies the exact amount in the decree or directs the calculation of costs by the court's taxing officer based on prescribed rules.

3. If the defendants go for the appeal, do we lose out on the cost? Not necessarily. If the defendants file an appeal, the execution of the decree (including the recovery of costs) may be stayed by the appellate court. However, you do not "lose out" on the cost unless the appellate court overturns the judgment in your favor or modifies the order regarding costs. If the appeal is dismissed, the original decree, including the order for costs, stands, and you can then proceed with its execution. Often, an appellate court might impose conditions for a stay, such as the defendant depositing the decreed amount (including costs) with the court.

4. What is the timeframe for us to secure the cost? There's no fixed timeframe for securing costs. It depends on various factors:

   • Voluntary Payment: If defendants pay voluntarily, it could be secured immediately after the decree is drawn up.

   • Execution Proceedings: If you need to file an execution petition, the time taken will depend on the court's calendar, the complexity of identifying defendant's assets, and any resistance from the defendants. Execution proceedings can take several months to a few years.

   • Appeal: If an appeal is filed and a stay is granted, you will have to wait until the appeal is decided.

5. When does the decree usually get published? The term "published" isn't typically used for decrees in the same way as judgments are. After a judgment is pronounced, the court clerk prepares the formal "decree." This process usually takes a few days to a few weeks, depending on the court's workload and the complexity of the decree. Once the decree is drawn up and signed by the judge, it becomes enforceable. You can usually obtain a certified copy of the decree after it's prepared.

Handing Over Premises to Landlord and Appeal

1. As we are the plaintiffs and have got the judgment in our favour, will it be possible to hand-over our part of premises to the landlord against the compensation? This is a complex question. The judgment has declared you and the defendants as "joint tenants." This means you have a shared right to the premises.

   • Joint Tenancy Implications: As joint tenants, you generally have a right to occupy the entire premises along with the other joint tenants. Your individual "part" isn't precisely demarcated in the sense of a sole, exclusive ownership of a specific portion, but rather a shared interest in the whole.

   • Negotiation with Landlord: If you wish to surrender your interest to the landlord for compensation, this would be a separate negotiation between you and the landlord. The landlord may or may not be interested in acquiring your share, especially if it means dealing with the remaining joint tenants (the defendants).

   • Consent of Co-tenants: If you were to give up your rights, it might affect the rights of the other joint tenants, and there could be legal implications depending on the specific terms of the original tenancy and the nature of "joint tenancy" as applied in your case. It's crucial to understand how this joint tenancy impacts your ability to alienate or surrender your interest independently. Given the 37-year history, the original tenancy agreement and any subsequent legal interpretations are critical.

2. How many days are granted to defendants to go for the appeal? Generally, under the Code of Civil Procedure, 1908, the time limit for filing an appeal to a higher court (e.g., from a Civil Judge/District Judge to the High Court, or from a High Court to the Supreme Court) is usually 90 days from the date of the decree. However, there are exceptions, and specific rules might apply depending on the court and the nature of the appeal.

3. How much time it takes for the judgment after they go into appeal? This is highly variable and can take a significant amount of time, especially in India:

   • High Court Appeal: An appeal in the High Court can take anywhere from 2 to 10 years or even more, depending on the backlog of cases, the complexity of the matter, and the number of hearings required.

   • Supreme Court Appeal (if applicable): If the case goes up to the Supreme Court, it can take an additional 5 to 15 years or more.

   • Factors Influencing Time: The time taken depends on various factors such as the court's pendency, the nature of legal issues, the number of parties involved, and the efficiency of the legal process.

4. So is it possible to hand over the possessed part to the landlord before the decree? No, it is generally not advisable and likely not legally sound to hand over any part of the premises to the landlord before the decree is formally drawn up and signed. The judgment pronouncement is a declaration, but the decree is the executable order. Until the decree is finalized, the rights and obligations are not fully crystallized in an enforceable document. More importantly, as joint tenants, you don't possess a "part" that you can unilaterally hand over. Any action regarding the premises should ideally be taken after the decree is in hand and after careful legal consultation, considering your status as joint tenants.

5. What are the chances of the judgment changes, if appeal is filed by defendants in a case as old as 37 years old? While it's impossible to give a definitive percentage, here's an assessment:

   • Reduced Chances of Complete Reversal: In a case as old as 37 years, where substantial evidence would have been presented and examined by the trial court, the chances of a complete reversal of the judgment on factual grounds are often lower. Appellate courts primarily review questions of law or significant errors in the appreciation of evidence. If the trial court has thoroughly considered the evidence and applied the law correctly, an appeal on facts is less likely to succeed.

   • Focus on Legal Errors: Appeals in such long-standing cases often focus on points of law, procedural irregularities, or misinterpretations of legal principles by the trial court. If the trial court's judgment is well-reasoned and legally sound, the chances of it being overturned are diminished.

   • Discretion of Appellate Court: The appellate court has the discretion to:

     • Dismiss the appeal (upholding the original judgment).

     • Allow the appeal (overturning the original judgment).

     • Modify the original judgment (e.g., alter the proportion of costs, clarify certain aspects).

     • Remand the case back to the trial court for reconsideration on specific points.

   • Strong Evidence: Your statement that "plaintiffs... with solid evidences proved their legal rights" bodes well for the judgment being upheld. The appellate court will review the record of the trial court, including all the evidence presented.

When a court passes a judgment allowing a suit with costs, the successful party can collect those costs by first obtaining a decree or order from the court specifying the amount of costs awarded and how they are to be paid. 

If the losing party doesn't pay the costs as directed, the successful party can then initiate execution proceedings to recover the costs, which may involve attaching and selling the losing party's property. 

These costs can include court fees, lawyer's fees, and other expenses incurred during the legal proceedings. 

The specific amount of costs is usually determined by the court or specified in the judgment. 

The time limit to initiate this action is generally three years from the date of the decree.

If the party losing the case prefers appeal against the aggrieved judgment then the cost factor will be on hold till the appeal is decided and if the appeal is decided in their favor then the orders passed for cost also will become infructuous. 

You may apply for certified copy of the judgment within three days from the date of judgment, the court may take 15 to 20 days to upload the judgment after the judge dictates judgment to the steno.

If the case was conducted before the subordinate court then the appeal can be filed before the district court.

The time limit to file the appeal is 30 days from the date of judgment after the copy of the judgment is made available.

The appeal suit may not take much time, in general it should be disposed within one year also.

The judgment is to be perused to render an opinion to your this question, you may go through the contents of the judgment in this regard or take the help of your own advocate for more clarity.

You may always wait and take  any such decision without hurrying up due to your anxiety. 

The judgment is to be perused to render any opinion regarding the maintainability of the appeal before the appellate court because these are not predictable. 

You have won the litigation concerning the suit premises after 37 years. The judgment dated 12th July 2025 declares that you, the plaintiffs, and defendant Nos. 1(a) to 1(e) are joint tenants of the suit premises. The court has restrained the defendants from dispossessing you or obstructing your peaceful use and occupation of the premises without following due process of law. The court has also awarded you costs.

The court has already decided the costs. This means you are entitled to recover court fees, legal expenses, and advocate’s fees. If the defendants do not voluntarily pay the costs, you can initiate execution proceedings under Order 21 of the Civil Procedure Code before the trial court. The court may issue a recovery certificate or direct attachment of the defendants’ movable or immovable properties to secure the awarded costs.

You can proceed to recover the costs once the decree is drawn and becomes enforceable. If the defendants file an appeal and obtain a stay, the execution of costs will remain suspended until the appeal is decided. If no appeal is filed, or if no stay is granted, you may initiate execution immediately after the lapse of the appeal period, which is generally 90 days.

The decree usually gets prepared within two to four weeks after pronouncement of judgment, depending on the court’s workload. You can apply for a certified copy of the judgment and decree from the court registry to initiate further legal steps.

Since you have been declared joint tenants, you may hand over your share of the premises to the landlord in exchange for compensation. This is legally permissible if the landlord agrees and no stay is granted by any appellate court. However, it is advisable to wait for the decree to be formally drawn up before executing any transfer or surrender, unless there is urgency and both parties clearly reference the judgment in a written agreement.

The defendants have 90 days from the date of judgment or decree to file a first appeal under Section 96 of the CPC. They may also apply for a stay of execution from the appellate court. If they file an appeal and obtain a stay, the execution of the judgment, including recovery of costs, will be paused until the appellate court delivers its verdict. If the appeal is dismissed, your right to costs and joint tenancy will be reaffirmed.

You do not lose your right to recover costs merely because an appeal is filed. The appeal process only delays execution if the appellate court grants a stay.

The appeal process in property matters may take one to five years, depending on the complexity and backlog in the appellate court. However, since the trial court has granted you relief after 37 years of litigation, and the judgment is based on strong evidence and sound legal reasoning, the chances of the appellate court reversing the decision are low. Appellate courts generally interfere only if there is a serious error in law or perversity in the trial court’s findings.

You may contact me for any further assistance with the execution of the decree, the surrender of tenancy rights, or defending the matter if the defendants choose to appeal.

1. Cost will be computed by the taxing officer of the court. The proofs of the expenses incurred by the Plaintiff can be submitted to the office of the taxing officer of the court 

2. Decree will be drawn up by the registry for which it has to be followed up with department 

3. To challenge the decree the defendants have 30 days time 

4. Chances of the decree being set aside in appeal, you will have to approach an astrologer 

5. The Plaintiffs can surrender their joint tenancy rights to the landlord and negotiate with him for paying compensation in lieu of such surrender 

Dear Sir/Madam,

it is suggested that the deceree is prepared hand-in-hand with the judgment and may take upto 7 to 10 days. You must apply the certified copy of the same and after getting the same you can file an application for the costs. The time of appeal is 90 days and nothing can be predicted at this stage regarding the result of the appeal. Further, From the input provided here, nothing can advised regarding handling over possessed part of land to the land lord because the things are not clear from the query.  

Hi,

As you are the plaintiff and the suit decreed in your favour, now you have to file Execution Petition before the same Court which the suit was filed. You can file E.P. and can claim everything you got in your favour. 

So far as appeal is concerned it will take time to conclude but before defendants file appeal you have to file caveat petition before Appellate Court having jurisdiction. 

The Appellate Court will decide when defendants prefer an appeal. When you got decree in your favour then why will you hand over possession to your landlords. 

As I am not aware of the Court in which you have filed the Suit, if an appeal is to be filed before High Court, then 120 days is the limitation from the date of decree. 

I hope you got clarity from my answer. 

🧾 Court Costs Recovery

Yes, the court has awarded costs. The exact amount is usually assessed in the decree. Once the decree is drawn (you can apply for a certified copy), you can initiate execution proceedings to recover costs. However, if the defendants file an appeal, recovery of costs may get stayed until the appeal is disposed of.

⏳ Timeline for Appeal

The defendants get 90 days to file a first appeal from the date of judgment. If they appeal, the case goes to the Appellate Court, and it may take 1–3 years, depending on the complexity and pendency.

🧱 Handing Over Possession to Landlord

You technically can’t assign or surrender your part of the tenancy to the landlord before the decree is final and enforceable, especially if an appeal is expected. Once the appeal period is over or no appeal is filed, you may negotiate with the landlord for compensation or surrender, provided it’s not against tenancy law or your interest as a joint tenant.

⚖️ Chances of Judgment Being Reversed in Appeal

Given the case is 37 years old and judgment is based on strong evidence and possession history, the likelihood of reversal is low—unless the appellate court finds serious legal error or procedural lapses. Most likely, the judgment will be upheld or slightly modified.