Legal Question in Civil Litigation in India

Re: partition

Since the preliminary decree in the partition suit filed by you has upheld the Defendant's entitlement to 50% undivided interest in your ancestral property and actual division of the property by metes and bounds has not been done (that would be the subject matter of the final decree proceedings). The Appellant/Defendant before the High Court definitely has a fifty percent undivided interest in your ancestral property. You have not filed any appeal against the preliminary decree. Therefore, you are NOT disputing that 50% undivided interest decreed in the preliminary decree.The preliminary decree has been challenged by the Appellant/Defendant. Probably because he/she is dis-satisfied with the 50% undivided interest decreed in his/her favour under the preliminary decree. The Hon'ble High Court has also granted the Appellant/Defendant interim stay of the preliminary decree. Hence, there is no judicial order,judgment or decree which the Appellant/Defendant has violated. There is no case whatsoever, made out for contempt.It is not clear whether the interim stay is of the preliminary decree or the suit itself. Depending upon the nature of the interim stay, a better strategy would be to focus on getting the interim stay vacated by filing a vacate stay petition before the High Court and thereafter to move an application for injunction before the lower court for restraining the Defendant from making any alterations or additions to or in respect of the suit schedule property which could in any way adversely affect your interest, during the pendency of the partition suit.

Re: partition

Sir,

It is not understood that what is the stay about that the High Court granted. Since prel. decree decided only the percentage share and not by meets and bounds and has nothing to do with execution before the Final decree is passed.

Still if the HC granted the stay relating to any alteration in the property, then resp. cannot have any new thing done without the prev. premission of court, and if he does so, contempt proceedings can be filed.