Litigation

shyam lal (Querist) 18 August 2023 This query is : Resolved
The neighbor adjoinig a undivided immovable property has filed a civil suit against one of the share holders claiming enchrouchment of portion of his property.

Query.can the suit be dismissed on the ground that it is a undivided property.and not any individuals share holders..most of all why other share holders suffer if the court order goes against him..
Can the court be requested to clerify first which share holeder has enchrouched.among the undivided share holders.

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Quick Summary

A neighbour has filed a civil suit claiming encroachment on an undivided property against one shareholder. The core question is whether this suit can be dismissed because the property is undivided, meaning individual shares haven't been identified or allocated. The discussion suggests the suit might be non-maintainable due to the non-joinder of all necessary parties (other shareholders) and the plaintiff's own unidentified share.

Sudhir Kumar, Advocate (Expert) 18 August 2023
Given facts indicate that this is a case of non-joinder of necessary parties and prayer can be made to the court to dismiss the case on this ground as all stake holders are not impleaded.

T. Kalaiselvan, Advocate (Expert) 18 August 2023
The suit for encroachment is not maintainable because the property remains undivided as on date.
In the absence of property being partitioned and allotted with their respective share in the property, the plaintiff has no case maintainable at least on this grund because his share in the property itself is unidentified till date.

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