Partition dispute

gopal (Querist) 21 September 2016 This query is : Resolved
Respected sirs,
my mother and her sister filed a partition suit against with their brothers. the brothers are not contested the case and announced as exparte. the sub-judge decreed the suit in favour of my mother and her sister. the judge is directed the defendents(my mother brothers) to divide the suite properties and provide my mother share and mother sister share. Then the judge also told that the defendent not divide the properties then the plaintiffs can approach the court for division of properties. My mother appeared in person during the suit.
Now the judgment came in favour of my mother, now we have some doubts so kindly the experts give the direction to us.

We got the partition judgment in favour of my mother and her sister
The defendents are not ready to divide the suit as per the court order.
The judge also told that the plaintiff can approach the court if the defendents not divided the property.

Now what we have to do

Either we have to file EP based on the Original suit decree and judgment, before the sub-judge to divide the properties
or
We have to file another original suit for division of the properties

Kindly guide the matter
Thanks and regards

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Raj Kumar Makkad (Expert) 21 September 2016
You have not told whether the decree is preliminary or final and if the same is final then you shall have to file its execution petition.

Guest (Expert) 21 September 2016
Rightly guided

Ms.Usha Kapoor (Expert) 22 September 2016
Agree worth Mr.Makkad.

gopal (Querist) 22 September 2016
Respected Sirs/Madam,
Sir the Decree is final decree so as per your guidance we file Execution petition.

is it possible can we pray to divide the properties in the Execution petition?

Either we have to divide the properties and submit before the Sub-Judge on Execution petition?
or
The Sub-Judge will divide the properties based on the Execution petition?

Kindly provide the information

Raj Kumar Makkad (Expert) 22 September 2016
The executing court shall ensure the execution of its decree strictly in consonance with the decree under execution. Court can even depute a commission for that purpose.

gopal (Querist) 22 September 2016
Thanks a lot for your valuable guidance.

As like this if i have any doubt i will ask kindly clear

Thanks and regards

Rajendra K Goyal (Expert) 22 September 2016
You said:
Sir the Decree is final decree so as per your guidance we file Execution petition.

Ans: Taken right step.

You said:is it possible can we pray to divide the properties in the Execution petition?

Ans: yes.

You said:Either we have to divide the properties and submit before the Sub-Judge on Execution petition?
or
The Sub-Judge will divide the properties based on the Execution petition?

Ans: Prey the court for commission appointment.

gopal (Querist) 22 September 2016
Respected Rajendra K Goyal sir,

Thanks a lot for your valuable guidance.

As like this if i have any doubt i will ask kindly clear

Thanks and regards