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Case decided in 1994 can defendants sons appeal against it now
06-Jan-2023 (In Documentation Law)
In 1994 my grandfather got court decree for 1 acre land. 2)1988 my grandfather implemented and mutation and got land passbooks&title deed. 3)Later my grandfather land give to my father . Later my father given to me.am cultivating that land . 4)In court 1987 My grandfather is plaintiff. Other person is defendant.Defendant is agreed.then Court given a consent decree for that suite. 5)now I went to court and I asked for certificate copies court decree.In that file defendant written statement missed somewhere. I taken certificate decree copy. Defendant died right now.defendant sons are there persent.defendant sons can appeal that decree. Note : judgement copies is there but defendant written statement missed somewhere in court records file.
Dear sir /madam,
The decree has been passed in the year of 1994. Since the suit is barred by limitation you can only go an appeal by filing a necessary application and if the court considers that there is a sufficient cause/reason for delay in filing an appeal than it will allow your appeal. Good luck:)
Thanks and regards -
Sujatha. D
The decree has been passed in the year of 1994. Since the suit is barred by limitation you can only go an appeal by filing a necessary application and if the court considers that there is a sufficient cause/reason for delay in filing an appeal than it will allow your appeal. Good luck:)
Thanks and regards -
Sujatha. D
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Adv. Sujatha. D
Bangalore | 25+ Answers
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Almost 23 years have passed since the date of Decree. The period of limitation for filing of Appeal has already expired. Hence, the Defendants cannot go on an appeal against the Decree dated 1994 since the period of limitation to appeal has expired. Since there is no possibility for the Defendants to file Appeal, the question of missing Written Statement does not arise.
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Adv. Suhasini S
Bangalore | 25+ Answers
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Your say is not clear about consent decree. Whether it was compromised in the court? Is there any compromise decree. If it is compromised and there is a compromise decree, even if the sons of defendant challenged the decree , it is not maintainable. It is decreed in the year 1984, if sons wants to file an appeal they have to explain delay. Moreover decree is binding on them.
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Adv. Rajeev S Vadrali
Gadag | 100+ Answers
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