Dear all lawer & expert,
Please give advise on, can appeal restore the suit & previous judgement?
Brif suit is that in HUF Vitthal having two wife Sonubai & Rajubai but no child. Sonubai & Rajubai receive property form court matter directly form Baji (father of vitthal). Then property divide between two wife 1/2 each. Rajubai sale his share to Manohar. Sonubai adopt Narayan. After adoption she retain some property for himself & remaing all property in the name of adopted son Narayan & his wife sakhubai. before death of Sonubai she transfer her property in the name of Bharat (son of Narayan). After some day's Narayan & Sakhubai sold some property. Bharat ask about his share & partition but they refued.
So that Bharat go to court. He not include his property receive from Sonubai. Civil suit for partition & separate possession are filled in taluka court. all respondents are absent hence decree is passed in favor of plaintiff without evidence.
Then Plaintiff fill 'Darkhast (Marathi)' due to this 'Mojni (Marathi)' & ‘kabja’ (possession) stage start but this stage stopped by stay order till further order of District court. Respondents are appeal in District court after 90 day's by limitation act. District court accepts appeal & order to taluka court to revise (merit) the suit with written statement & evidence before three months.
Taluka court put @ six issues for discussion. All are in favour in plaintiff but one issue is that absolute property of Bharat comlicated. So that suit are dissmis due to non inclusion of all properties.
Taluka court two time judgement on same suit. Can appeal restore the suit & previous judgement?
Please expert guide me.
Bharat Shinde (9850746534)
