FINAL DECREE PROCEEDINGS - MODEL DOCKETS AND DRAFT DECREE

 THESE DOCKETS ARE JUST EXAMPLES. ONE HAS TO ADHERE TO PROVISONS OF C.P.C AND CIVIL RUELS OF PRACITCE. FURTHER CONTENTS VARY FROM CASE TO CASE, BASED ON  FACTS AND CIRCUSMTNACES OF CASE

DOCKETS IN APPOINTMENT OF ADVOCATE COMMISSIONER FOR DEMARCATION OF THE PROPERTIES

Date:______:

 

          It is the case of petitioner that she filed a suit against  Respondents for partition of the Suit Schedule Property and same was decreed on _____.  She filed a petition for final decree and to demarcation and fixation of the boundaries in accordance with the preliminary decree there is a need to appoint the Advocate Commissioner and prayed to appoint the Advocate Commissioner. 

           Respondent ____filed counter stating that petitioner is not entitled for ____ share and he is trying to settle the matter out of the Court as such he has not filed the appeal, therefore he intended to file the appeal and prayed to dismiss the present petition.  

           Respondent ___to respondent No.7 filed admission counter stating that they and petitioner are joint family members and suit filed by petitioner was decreed and prayed to pass the preliminary decree in accordance with the preliminary decree. 

           On perusal of the material on record, petitioner filed the suit for partition and same was decreed and present petitioner filed petition for partition and separate possession. The same can only be done by demarcation of the Suit Schedule Property in accordance with the preliminary decree and said demarcation has to be done through Advocate Commissioner.  At present respondent also not objecting the same therefore, I do not find any reason to reject the present application.

           In the result, petition is allowed and Sri _________________, Advocate is appointed as Advocate Commissioner for demarcation and fixation of the boundaries to the respective shares of parties in accordance with the preliminary decree.  The Advocate Commissioner is directed to demarcate and fix the boundaries to respective shares of the as per the preliminary decree with the help of Mandal Surveyor.  His fee is fixed @ Rs._______/- which is directly payable by petitioners.  For report call on ______

                                                                                                              J.C.J.

 

AFTER FILING COMMISSIONER REPORT

 Date: _____:

           Commissioner Report filed.  For filing of objections if any, call on  ______. 

                                                                         J.C.J.

AFTER OBJECTIONS

 

Date: ____

          None filed objections, hence I.A. Closed.  

J.C.J.

 

DOCKET IN FINAL DECREE PETITION 

 

Date:              

           All the parties are directed to appear before the Court for drawing of lots, call on ________. 

J.C.J.

 DRAWING LOTS(When some are parties are exparte)

 

Dt.________in IA._____ OS._____ 

          Petitioner present, respondents absent, hence set exparte.  Lots drawn in the open Court.

           Petitioner No.1 is allotted item/portion ___.  Petitioner No.2 is allotted with item//portion__Respondent No.6 to 9 who are LRs of R1 are jointly allotted with item /portion___

           For filing of draft final decree and deposit of NJ. Call on ______. 

                                                                                             JCJ.

DRAWING LOTS(When all parties are present )

Date: _____

          On behalf of the Legal Heirs of original plaintiff, their guardian(i.e.,, their grand mother) present.  Defendant No.1 to defendant No.3 present and defendant No.4 absent. 

           Lots drawn in the open Court.  Item No.2 is allotted to the petitioner, Item No.4 is allotted to the defendant No.1, Item No.3 is allotted to defendant No.2 and Item No.1 is allotted to defendant No.3 in the Suit Schedule Property as shown in the Commissioner report.

           For filing of Non Judicial Stamps and for filing of draft final decree.  Call on ___ 

J.C.J. 

 

AFTER FILING OF N.J. AND DRAFT FINAL DECREE

 

Date:              

          N.J. Deposited, draft final decree filed.  Office is directed to check and put up the same.  Call on ____________.

                                                                                                          J.C.J.

 AFTER CHECK AND PUT UP OF DRAFT FINAL DECREE

 

Date:              

          As per the office note, the Draft final decree accepted. Office is directed to engross the final decree. Final decree engrossed, hence proceedings closed.

 

J.C.J

 

DRAFT F I N A L    D E C R E E

 

IN THE COURT OF THE JUNIOR CIVIL JUDGE _____

Saturday the ___ day of  February, ___.

 

Present: ______

Junior Civil Judge,

_____.

 

I.A. No.     of   

in

O S No.  of 

Between: 

_______

... Plaintiffs

AND 

________

...Defendants

Claim:-           Suit for partition and separate possession with metes and bounds _______

 

Valuation of the suit: The Market vale of the suit property is Rs.1,82,000/-. The plaintiffs ½ share comes to _____ and its  3/4^th value comes to Rs.______. However by claming joint possession a fixed court fee of Rs.200  Is paid u/s 34(2) of A.P.C.F & S.V Act.

 

Plaint Presented on                       :                                   24-01-2007

Plaint Registered on                      :                                   24-01-2007

Date of Preliminary Decree on    :                                   22-01-2010

Date of Final Decree                      :                                   20.02.2016

 

The final decree petition  is coming before me for final disposal in the presence of _____Advocate for Petitioners/Plaintiff and Sri ____, Advocate for defendants and the defendants ___are set exparte  and having been stood over for consideration till this day, this court DOTH ORDER AND delivered the following final decree in pursuance Judgment dated ____ and order in final decree petition  I.A. No.____ of ___ as follows.

 

1.         The Advocate Commissioner has filed his report along with sketch map showing the division of suit schedule lands and into 7 equal shares by metes and bounds. The Commissioner report along with sketch map is accepted as per the separate order passed by this Hon’ble Court in I.A. No.____ of 2015, dt. 20.02.2016. The Advocate Commissioner report  and sketch map filed by the Commissioner in I.A. No.___ of ___  shall be treated as part and parcel of this final decree.

 

2.         The portion shown red color at item 6 of Advocate Commissioner sketch i.e., land admeasuring Ac.   Gts  in Sy.No.   and land admeasuring Ac.  Gts in Sy.No.  , total admeasuring Ac.    Gts bounded by  East: ____ West_____, North: _____South: _____ situated at __   Village, ____ Mandal is allotted to the share of Plaintiff No.___

 

2.         The portion shown red color at item 6 of Advocate Commissioner sketch i.e., land admeasuring Ac.   Gts  in Sy.No.   and land admeasuring Ac.  Gts in Sy.No.  , total admeasuring Ac.    Gts bounded by  East: ____ West_____, North: _____South: _____ situated at __   Village, ____ Mandal is allotted to the share of Respondent  ___

 

3.         The portion shown red color at item 6 of Advocate Commissioner sketch i.e., land admeasuring Ac.   Gts  in Sy.No.   and land admeasuring Ac.  Gts in Sy.No.  , total admeasuring Ac.    Gts bounded by  East: ____ West_____, North: _____South: _____ situated at __   Village, ____ Mandal is allotted to the share of Respondent  ___

 

 

9.         There is no order as to  costs.

 

Given under my hand and the seal of this Court on this ____ day of ____, 20__

           

 

Junior Civil Judge

___

 

 

Note: The N.J.S Stamp worth of Rs.100/- filed and Rs.____- (Rupees ______________only) in lieu of Non Judicial Stamps has been paid by depositing the same in Court Fee Account No.52177675249 of this Court maintained at State Bank of Hyderabad, _____ Branch and pay-in slip Dt: in proof of such payment is filed.//