Upgrad LLM

partition suit

employee


 Dear All,

  In a partition suit, there were two types of properties revenue and town properties, The

suit was preliminary decree in 1960, later final decree proceeding started in 1987, the

court appointed municipal commissioner to divide town properties and sent record to respective

tahsildars to divide revenue properties.

 The part of the final decree proceedings and execution of properties with respective town

properties is fully completed in 1993 and respective possession is also given to decree

holders, but the other part of final decree with respect to only revenue properties is also

completed in 2011 but some of parties preferred appeal and is  still pending.

 Question: One of the decree holder who has joint possession of town properties with his

other heirs wants to divide  properties among themselves, since there was dispute, they have

filed a seperate partition suit to divide town properties, but the trial court has rejected

or barred the suit under order 2 rule 2 cpc stating the other suit for revenue properties

which is still pending in appeal, go and lay your claim in that suit,
but we had already had filed an Interlocutary application in the Fdp court in 2009 but  it

rejected it stating  shares of heirs of decree holders will not be determined by this FDP

court, here  heirs are in this suit only to reperesent the decree holders since they are dead.

 Is the trial court right in dismissing our partition suit as our claim at present was only

to divide the town properties which are in joint possesion and the other suit which is

pending in appeal is only for revenue properties which we have not included in this new

partition suit plaint.        If so or we have to wait till that suit in appeal has to complete to

divide our properties it almost 20 years since the town properties are in joint possession.

Thanks
Ali

 
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