Tahsildar..

imthiyaz (Querist) 16 March 2009 This query is : Resolved
Dear All,

In our muslim family partition suit dated 1949, which is decreed in 1970, with 11 decree holders,

And the suit is pending in Final decree proceedings now and is adjourned for next month,

After the preliminary decree, some of the defendants have sold the decree schedule properties with out the knowledge of plaintiffs,

And now, Some LR’s of defendants and plaintiff’s have colluded and has executed one out of court panchayat farikhat paper or partition paper for some of the decree schedule properties withut authorization of other LR’s and has approached the Tahsildar to change khata based on that paper,

For which there is case adjourned in tahsildar court, we attended the case last hearing and informed tahsildar that theses properties are also schedule properties of the decree for which the suit is pending in the court,

But the tahsildar is not willing to listen to us he says these people have applied for khata change, I will change it even though the case is pending,

How to prevent Tahsildar from changing Khata.

Or advocate says we cannot make Tahsildar party and ask for stay in court until he writes an order.

We want a stay on on all the decree schedule properties, But our advocate says it is a old suit, court will think we are trying to delay it purposely.

How to proceed..

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adv. rajeev ( rajoo ) (Expert) 16 March 2009
u have to take an injunction order against the concerned parties as not to alienate the suit properties till the disposal of the case. After obtaining the order u produce the certified copy before the tahasildar