Regarding partition suit

Querist : Anonymous (Querist) 03 December 2009 This query is : Resolved
In a suit for permanent injunction the Delhi court restrained defendants from evicting or dispossessing the plaintiff from his floor without following due process of law and also directed not to sell, tfr, assign and creatge third party interest in the suit property. Now I intend to file partition suit. Therefore are three legal shareholder including plaintiff. Please guide me on the following points:-

1. The cost of 1/3 share of plaintiff i.e.suit valuation comes to Rs.15 lacs, Can I file this suit in district judge/ADJ court in Delhi as the property situated in Delhi ?

2. Whether I can decrease the suit valuation or not ?

3. What is the procedure to seek relief for stay on the whole property till finalisation of partition suit and can I club both the issues and pray for the same in the court ?

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Raj Kumar Makkad (Expert) 03 December 2009
1. You can file the suit for partition even before the civil judge (senior division) in delhi.

2. Can do reasonably.

3. In partition suit stay application can be moved but the injunction against the defendants is already in the operation in another suit so no separate application in the partition suit is maintainable nor it is required. Both the issues should not be tried in one suit.

niranjan (Expert) 03 December 2009
Both the suits cannot be tried togather.It is not advisable to reduce the valuation of your share.

Querist : Anonymous (Querist) 03 December 2009
Thanks for your reply. As mentioned by me the court restrained from evicting or dispossessing the plaintiff and her family from his floor. Further, the defendants are directed not to sale tfr, assign and create third party interest in the suit property. In my view the court granted injunction for a particular floor whereas two other floors are available in the same house. I am in apprehension if the defendants sell the other two floors before settlement of the partition suit, how can I refrain them from such act.

adv. rajeev ( rajoo ) (Expert) 09 December 2009
who is the plaintiff? is he your relative if not he is not the necessary party to the partition suit. To the entire property TI can be taken.

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