Appeal Suite

3 years ago

LP1 - Lower Court Plaintiff 1 HA1 - High Court Plaintiff 1
LP2 - Lower Court Plaintiff 2 HR1 - High Court Defendant 1
LD1 - Lower Court Defendant 1 HR2 - High Court Defendant 2
LD2 - Lower Court Defendant 2 HR3 - High Court Defendant 3
LD3 - Lower Court Defendant 3 HR4 - High Court Defendant 4

LD1 and LD2 are the sufferers of preliminary decree judgement.

High Court : Appellant ( HA1 / LD1 ) filed an appeal in the high court to correct the lower court judgement placing all her legal heirs as Respondents ( HR1 / LP1 , HR2 / LP2, HR3 / LD2, HR4 / LD3 ), High court allotted the number to the case.

As the suit is pending in High Court 12 years back ( HA1 / LD1 ) did a registered gift deed in favor of (HR3 / LD2). After 18 years of preliminary decree, LP1 approached to the lower court for final decree i.e., after 2 years death of ( HA1 / LD1 ).

Can ( HR3 / LD2 ) ask the high court to provide stay on lower court final decree and to make HR3 (Respondent) to HA2 (Appellant) to proceed further in the case.

--> HR1 died 2 years back, All other legal representatives are present in the case as defendants, Is it necessary for (HR3 / LD2 ) to file condone delay petition.