Partition suit and metes and bounds

M Satyanarayana (Querist) 04 October 2014 This query is : Resolved
Sir,

I am contesting partition suit for past 18 years with my sister. The litigation is very keenly contested by both of us upto Supreme Court. My sister claiming on fake documents the entire property contrary to the Court orders of partition of 1/3rd share each to the family members including my father. Further her daughter is also claiming the entire property on false ground and they are not honouring the Preliminary decree which was confirmed by the Supreme Court. I filed appointment of advocate commission dividing the property by metes and bound and also mesne profits. I would like to know why the Hon’ble Court is ignoring the higher court and apex court orders of preliminary decree and entertaining the fake claims and petitions of my sister and dragging on appointment of advocate commission . My sister does not agree the present partition suit being a party which is prima facie proved on many occasions and dismissed her appeal and revision. If such is the situation why I should waste my time on metes and bound can I claim entire property by mesne profit and attachment of my sister’s share which my sister owes mesne profit to me and skip appointment of advocate commission in a partition suit that has become meaningless. My sister will not have advantage of prolonging the vexatious case. Unfortunately I am the ouster co sharer in the property from the date of filing the suit. Please kindly advise whether it is possible on hypothesis or under Indian Law such remedy for litigants like me.

Thanking you,

MSN

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ajay sethi (Expert) 04 October 2014
if preliminary decree has been confirmed by SC then court should appoint commr for division of property by metes and bounds . merely because your sister is opposing appointment of adv commr is no ground for court to deny your application . we do not know why court is dragging its feet . your lawyer can guide you better in this regard