To prevent from Khata chnage of decree schedule properties
imthiyaz
(Querist) 05 March 2009
This query is : Resolved
Urgent
Sir, Our muslim partition suit is pending in Final decree proceedings with 11 decree holders as sharers, AS often the case in muslim partiion suits,there are large number of legal heirs of 11 decree holders,
Some of the defendants and plaintiffs have colluded with each other without the knowledge and authorisation of some of legal heirs of decree holders and have executed a panchayati fariqhat with notary signature for some of the decree schedule properties and has applied for Khata change to their names on the basis of this paper without the knowledge of honorable court in which final decree proceedings is pending.
These fraud persons are running a case in the Tahsildar court for khata change for which proceedings are adjourned for orders in next hearing, I attended the previous hearing that Tahsildar is arguing even though the case is pending in final decree procedings for the schedule properties for which khata change has been applied, Tahsildar is ready to change the khata, he may be under some influence, I have filed an petition in taluk office and has taken an acknoledgement that khata for these properties must not be chnaged as still the case is pending.
under what section of cpc we can get stay or an injection or direction from court to the respective taluk offices to stay the process of any khata change of decree schedule properties untill the final decree proceedings is completed.
AEJAZ AHMED
(Expert) 05 March 2009
Dear Imtiyaz,
You can,
Either;
(a) File an Interlocutory Application (I.A) U/O. 39 Rule. 1 & 2, Read With U/S. 151 of C.P.C, before the Hon'ble Court, where your Suit for partiotion is pending for Final Decree Proceeding, against those Plaintiffs and Defendants (Who Colluded with each other and filed petition before the Tahsildar for mutation of properties), including the " Village Thasildar" & " Revenue Authorities". Pray with the Court to grant "Stay" or atleast "Status Quo" till the Final Decree.
Or otherwise;
(b) File a ' WRIT PETITION ' before the Hon'ble High Court of Your State, against the " Village Thasildar" & " Revenue Authorities" including those Plaintiffs and Defendants (Who Colluded with each other and filed petition before the Tahsildar for mutation of properties) as Respondnents, and pray with the Court to grant " STAY OF THE PROCEEEDINGS OF MUTATIONS".
