Partition suit barred
Mohamed Ali
(Querist) 22 October 2014
This query is : Resolved
Dear All,
In a partition suit, there were two types of properties revenue and town properties, The suit was preliminary decree in 1960, later final decree proceeding started in 1987, the court appointed municipal commissioner to divide town properties and sent record to respective tahsildars to divide revenue properties.
The part of the final decree proceedings and execution of properties with respective town properties is fully completed in 1993 and respective possession is also given to decree holders, but the other part of final decree with respect to only revenue properties is also completed in 2011 but some of parties preferred appeal and is still pending.
Question: As all decree holders of that suit have died, Some of the decree holder heirs who has joint possession of town properties with their other
coheirs wants to divide properties among themselves, since there was dispute for division, they have filed a seperate partition suit to divide town properties only, but the trial court has rejected or barred the suit under order 2 rule 2 cpc stating the other suit for revenue properties which is still pending in appeal, go and lay your claim in that suit,but we had already had filed an Interlocutary application in the FDP court in 2009 but it rejected it stating shares of heirs of decree holders will not be determined by this FDP court, here heirs are in this suit only to represent the decree holders since they are dead.
Is the trial court right in dismissing our partition suit as our claim at present was only to divide the town properties which are in joint possession and the other suit which is pending in appeal is only for revenue properties which we have not included in this new partition suit plaint.
If so or we have to wait till that suit in appeal has to complete to divide our properties it almost 20 years since the town properties are in joint possession.
We are preferring an appeal over this order, as the trial court has barred our partition suit after stage of issues itself.
Thanks
Ali
Devajyoti Barman
(Expert) 22 October 2014
yes, got for apPeal only. WitHour seeing all the papers and the order it is difficult to advise. Consult with your local lawyer.
Rajendra K Goyal
(Expert) 22 October 2014
Consult local lawyer and show him all the documents.
ajay sethi
(Expert) 22 October 2014
agree with experts
T. Kalaiselvan, Advocate 
(Expert) 23 October 2014
an appeal against the lower court decision can be preferred, please take a proper opinion by showing the order/judgment copies to another lawyer in the local and get his second pinion and reply to your queries too.
