Subjudice. a case pending in civil applied an application in revenu


Need help as to what is the best alternative.. We stay in mumbai and had filed a Civil suit for decleration injujunction alternative possession for properties.. our suit is pending in civil court, the defendants have always claimed on title, now they have approached revenue with a plaint asking for removing our name which was mutated in 1998 as co owners. also has pleaded land rights by Kul Kayda(tillers day) not directly but via a predecessor in title on some properties and some by ownership. All the properties belonged to us and they dont have any thing to do with it, it was our mistake that we let their names remain in 1998 when they have acknowledge our rights via stamp paper of Rs.10. So now in such a situatation what could be the respite. will we have to fight in both courts, cant we raise a plea of subjudice before revenue? we dont trust revenue dept. Another important aspect is that there was our own family member who was adopted into different family was mutated as KUL (protected tenant during 1957 tillers day) on his own brothers properites, but passed in adoption to another of our relative. So my basic questions are 1) Is there a subjudice aplicable to such proceeding by revenue when suit is pending in civili court specially when the defendants has not pleaded for jurisdicition in civil trial 2) Can I and if so how plea that revenue does not have jurisdicition on matters relating to title or sucession. 3)Important factor is the defendants have also introduce a plea of tillers day in revenue and not in civil trial which is running. 4) how can I stop them from running the trials simultaneously. 5) The RTS application filed after 19 years where I belive limitation is 2 or 6 months please tell me exactly. 6) and what laws attract to the revenue trials
 
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TO make it simply during pendancy of civil suit how can i stop the revenue from trying an aplication by defendant in revenue in following circumstances

1) we(plaintiff) claim were are title owners(male decendants - agnates of both branches)

2)Def claims in civil suit as they are title ownwers by inheritance(sister's son) and an aleged will of both branch properties claiming it was properties of only one brother.

3) Def now altered the claim before revenue claiming their pre-decessor has now acquired some right as tenant on tillers day.

4) the tenant thing was a sham as one of our predecessor has mutated name on other of our prdecessor brothers property as one being landlord other being tenant, we claim title as both are members of co-parcenory.

5) How can we stop revenue from trying to suit as we also cannot aduce our evidence if so aduced will allow defendants to know it pre-maturely.

6) help with citations 

 

 
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Advocate

Any suggestion requires that the matter is examined in-depth; necessarily the documents need to be seen.

 
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