Suit for partition
mohanasundaram
(Querist) 31 March 2015
This query is : Resolved
In a civil suit for partition the district court dismissed the case in default two years before.the plaintiff did not file restoration of the said suit until now.what is the next step followed by the defendants to proceed the suit?As the defendants not received any notice regarding this suit from district court
Devajyoti Barman
(Expert) 31 March 2015
Why is the defendant so bothered? it should be the headache of the plaintiff.
If the defendant is interested in the suit then he can file the same.
mohanasundaram
(Querist) 31 March 2015
Now the defendant want to sale the land.As the buyers insist upon any encumbrance about this land as they already know about this suit for partition
kavksatyanarayana
(Expert) 31 March 2015
as the court dismissed the case, and the defendant is interested he should file case in the court.
Raj Kumar Makkad
(Expert) 31 March 2015
There is no relationship of the emcumberance with the dismissal of the partition proceedings filed by the petitioner on the ground of dismissal on default.
Dr J C Vashista
(Expert) 01 April 2015
The case dismissed-in-default 2 years before is not a case, it is closed/final without proceeding.
If the defendant wants to sell the suit property and is legal titleholder and do not want any partition as desired by plaintiff, may dispose it off.
Rajendra K Goyal
(Expert) 01 April 2015
The case from plaintiff was dismissed in default, not restored, defendant can sell his property if he has the title.
mohanasundaram
(Querist) 01 April 2015
shall the defendant approach the district court in order to get the court order for this suit for partition?
malipeddi jaggarao
(Expert) 01 April 2015
Dear Mr.Mohanasundaram - It is the right time for you to sell the property as the plaintiff missed the bus for restoration. Even if he goes to Court the purchase as well can plead, that he got the clear title to the property as per the court order dismissing the partition and on the basis of such order he purchased the property.
mohanasundaram
(Querist) 01 April 2015
The defendant did not received any court order regarding this suit?The details of this suit is posted in the website:ecourts.gov.in. how to get this court order?
T. Kalaiselvan, Advocate
(Expert) 02 April 2015
It is the case of the plaintiff and not of the defendant. The experts have explained very well in this regard but you seem not to understand anyone's opinion and insist on your question as if the experts here do not have any other work that to interpret another expert's explanation given to you. The defendant can very well go for disposing his property, he need not worry about the disposed court case in this regard.
