Resjudicata/order 2 rule 2 cpc


Dear all,

As some important facts were missed,in earlier query
This is not a repeated query...

We are sunnihanafi our family our grandmother was survived by only 2 daughters and her only son had predeceased her leaving behind a son and a daughter.
There was a suit for partition between among family of  great grand mother which was decreed in 1952, there were 2 types of properties town and revenue for part of decree regarding town properties final decree concluded and attained finality in 1993, later RFA was filed in high by the parties aggrieved by the fdp allottment and finally it is concluded and also execution of town properties is also completed and now our  properties are in joint possesion but for revenue part of the preliminary decree final decree is completed in 2011 and is pending Regular filed by the aggrieved parties only for other part of decree concerned with revenue properties only..

our grandmother along with her sister is in joint possesion of town properties from past 20 years, we want the properties to be partitioned among ourselves and the children of our predeceased brother .

First we filed an interlocutory application in FDP court in 2008 to delete these orphaned grandchildren from record but the FDP court dismissed our IA stating whether the LRs of decree holders will get share or not will not be determined by FDP court then we approached high court in writ petition it is also upheld the view expressed by FDP court,

then we 2 daughters filed a declaratory suit against children of predeceased son., seeking declaratiion tthat only 2 daughters are entitled to inherit the left over property of their mother,but court dismissed suit in 2013 saying 2 daughters are entitled for 2/3rd share only rest 1/3rd will go to residuaries in this case predeceased son and daughter...

hence we filed a new partition suit in 2013 for seperate possesion of our 2/3 share in town properties which have attained finality in 1993 of our mother which are in joint possession with us along with predeceased sons children from past 20 years.

Question: Now the court has dismissed our suit under order 2 rule 2 of cpc citing Regualr appeal is still pending u seek ur remedy there not in seperate suit. Judge has confused with the appeal pending , as it is pending only for the part of the decree concerned with revenue properties not town properties.

Where to seek the remedy as we started from FDP court..then high court and then declaratory suit in trial court and now partition suit also dismissed in trial court.

Can we file a review petition to clear the misunderstanding of the judge regarding finality of town properties and as we have already questioned about this in FDP court and we got negative response, insteading of directly going to appeal..





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