What to do if a preliminary decree has been passed in a pending case
05-May-2023 (In Family Law)
My mother filed a civil Partition suit against her father On 2003. we got the priliminary decree in 2013 that my mother have an equal right on the property, currently that suit is in front of High court since 2015. for partition. but even we have the priliminary decree on the property My grand father and his son are enjoying the fruits. we areunable to do becose it is in front of high court. My question is , what can we do in this situation to get the Property? and what we have to do to make speed up in High court? the defendents straightly said that it will take 10yrs + to get conclusion in court so they are keep quit in this matter. even they are not ready for arbitration also.
You have not given full details whether your mother filing a civil Partition Suit, she can also file an application for means profit of the suit schedule property. If you can give that details then I answer even though it is in High Court. If your mother did not file the application, you cannot demand the fruits of the property
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