Remedy
Mohamed Ali
(Querist) 29 May 2010
This query is : Resolved
Our partition suit is still pending in Final decree proceedings, In this pending final decree proceedings some legal heirs of one 3rd plaintiff who are not entitle for share as per Mohammedan law have been brought on record as Legal representatives of the plaintiff along with the real LR's for which the real LR’s did not object at the time allowing of their LR’ application, Now the FDP court is not ready to decide In terse dispute among legal heirs of plaintiff dismissing our Interlocutory application in trial court and the writ petition is also dismissed in high court saying even if the non legal heirs are on record as LR's of plaintiff will not create any right for them as we have not objected at the time in 1986 when they were brought on record as LR's in the still pending Final decree proceedings now they cannot be deleted.
As the above perception of both trial court and high court is very much wrong, beacuse subsequent after the preliminary decree has to decided in the final decree proceedings, but the court instead of decided here in the pending final decree proceedings it has pushed us for separate suit which will be multiplicity of proceedings moreover here a original plaintiff died after the preliminary decree her Legal heirs were brought on record while filing final decree petition only, during which some wrong Lr’s were also brought on record…
Question: If final decree proceedings is completed can we go for Appeal to delete these wrong Lr’s from the petion of final decree proceedings. But for that we have to wait till the final decree is completed.
What are the remedies for us, as the trial court and high court has rejected our plea to delete these wrong LR’s in this pending final decree proceedings itself.
2)Can we file one more I.A in this pending final decree proceedings saying that these wrong LR's cannot represent the original plaintiff even though they are on record?
As the court has pushed us for seperate suit...
we have filed a Separate declaratory relief suit 1 month back, to declare who are the correct legal heirs who can succeed in the property or share or anything which is in the name of 3rd plaintiff so that later we can club the result with the pending final decree proceedings if it is still pending till this suit is completed...
