• Partition of paternal property-Regarding

I had filed a suit in lower court for partition of my paternal property for which a preliminary decree has been awarded in my favour against which opponents have filed appeal in the District Judge Court and avoiding appearance in the court for last one and half years and thereby enjoying the property by not allowing me to enter into the premises of the property.Please advise what i should do.Thanks
Asked 11 months ago in Property Law from Balasore, Odisha
Religion: Hindu
1) you should seek dismissal of appeal on grounds of non appearnce of appellants for period of last 18 months 

2) draw attention of court to fact that appellants has not appeared personally or through lawyer for last 18 months 

3) court would dismiss appeal 
Ajay Sethi
Advocate, Mumbai
36414 Answers
2021 Consultations

5.0 on 5.0

i have advised you to seek dismissal of appeal on grounds of non appearnce by appellants 
Ajay Sethi
Advocate, Mumbai
36414 Answers
2021 Consultations

5.0 on 5.0

1. Has any stay on execution of he preliminary decree has been obtained by the other side?

2. If no, then file an execution petition to that effect.

3. If yes, then make mention for hearing the appeal before the appellate court and get the matter hard and decided at the earlist.
Krishna Kishore Ganguly
Advocate, Kolkata
15521 Answers
377 Consultations

5.0 on 5.0

1. You have already availed the preliminary decree.

2. If there is no stay on it, file an execution petition for executing the decree and act as suggested in my earlier post.
Krishna Kishore Ganguly
Advocate, Kolkata
15521 Answers
377 Consultations

5.0 on 5.0

Though the opponents have preferred an appeal before the district court, you may challenge the same as per law.
You have to put pressure before court for an expeditious hearing of the appeal pending before it in the next date of hearing. You can ask your lawyer that why he is not pressurizing the court for an expeditious trial. 
T Kalaiselvan
Advocate, Vellore
26352 Answers
266 Consultations

5.0 on 5.0

advise me what course of action to be taken by me for early solution on the above matter and get my right legally.

If there is an inordinate delay in disposal of the appeal case, you may aproach high court for an expeditious disposal of the same. 
T Kalaiselvan
Advocate, Vellore
26352 Answers
266 Consultations

5.0 on 5.0

Has the DJ ordered a stay on the preliminary decree's execution and further proceedings in the trial court? If the stay has been ordered by the District Judge then you can apply to the court to vacate the stay as the appellants are not appearing in the court and thereby delaying the disposal of the appeal, 
Ashish Davessar
Advocate, Jaipur
21587 Answers
577 Consultations

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