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Author Topic: partition suit- appeal - stay  (Read 865 times)

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Offline learner9999

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partition suit- appeal - stay
« on: February 18, 2018, 01:27:45 AM »
hi,

In case of a winning a partition suit in a district court in Kurnool,AP, does a mere filing of appeal by judgement debtor provides a automatic stay on  the execution of final decree or does it have to be specifically given. how can a plaintiff oppose such stay? does court takes into consideration the hardship that it causes to the plaintiff with such stays? The judgement debtor  (also one of the legal heir) had been residing in the ancestral property for the last 20 years  and she is not letting other legal heirs into the property  and so the need for his partition suit that was won.'

How to get such stay vacated and will it again takes years to get it vacated like appeal?

Offline advjaibansal

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Re: partition suit- appeal - stay
« Reply #1 on: February 19, 2018, 04:19:20 PM »
Dear Sir,

There is no such automatic stay in the appeal filed against the decree passed in a suit for partition. The stay has to be specific by the high court on admitting the appeal. If there is a stay then file application for vacation of stay in the high court.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

Offline Premsundar prasad

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Re: partition suit- appeal - stay
« Reply #2 on: February 20, 2018, 04:34:28 PM »
thank you.
how long does it take to get a petition heard and the stay vacated especially in case of partition suit,
will it be years like appeal suit?
if it is quick and such being the case, why are there so many partition suit case pending for decades in the name of pending appeal?

Offline advjaibansal

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Re: partition suit- appeal - stay
« Reply #3 on: February 20, 2018, 11:48:58 PM »
Dear Sir,

It depends on the judge and the lawyer, who is ready to hear and argue the case before the court in order to expedite the proceedings. In appeal from the partition decree, it may not take much time if early hearing application is filed. I mean you may try your luck but if the case is admitted and sent to regular list before the high court then it may take couple of years for the case to come for hearing. However, nothing is stopping you from trying. It may work.

Regards,
jai bansal
Advocate, New Delhi
Supreme Court of India
bansal.jai@gmail.com
mobile: 09868566649

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