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Can a divided property be claimed again by appealing in a higher court
17-Apr-2023 (In Civil Law)
My Father was defending a partition suit from his siblings from 90's and case got it judgement in favor of my father. Please suggest, can my father's siblings can go for higher court toward appealing the judgement. If yes, (1) within how many months or days , they can go for appeal ? if yes, (2) would they need to go to high court in Chennai or district court itself ? (3) Can they put a new case or appeal beyond the timelines ? Please clarify,
In case of partition, court first gives a preliminary decree, which includes the calculation of shares to be divided among the family members and thereafter appoints a commissioner to make the partition effective. The said decree can be challanged and is not time barred. Also, you will have to challange the same in the respective High Court of State.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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Normally appellate authority is from munsif court to subordinate court and to district court and to high court and finally to supreme court. But any way second appeal always go to high court and special leave petition by used article 136 go to supreme court and it is pertinent to note that any court can condone the delay for reasonable and sufficient cause by used the section 5 of limitation act 1963
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Adv. Saravana Kumar
Coimbatore | 100+ Answers
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