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(Guest)

Court partition - how this works

hi
we have a partition suit pending on our 5000 sq ft bunglow in UP which is our grandfather/ancestral property. i am n the plaint side and it is between plaint vs 3 defendants. one of the defendant is currenlty in possession of the property and not willing for partition and the other 2 have agreed for the partition.case is in trial stage.
in reality,if i win the case, how does the court direct the possession and partition in this case.
there is only one entrance to the house.so, will court give direction to put keys in the hands of all the defendants so everyone can enjoy it or will court order that 1 defendant in possession to vacate.. we have asked for partition by physical mets and bounds.
what if the 1 defendant goes for a appeal just to continue his possession? or will court order the defendat to vacate until appeal is pending?

 



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 1 Replies

G.L.N. Prasad (Retired employee.)     17 April 2018

When the case is in court, you can avail personal guidance of your advocate.  The suit judgment for preliminary decree may be for appointment of Advocate and Commissioner to measure the existing property in metes and bounds and to divided it in the names of co-sharers, basing on which final decree has to be drawn.


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