Final decree proceedings..
Mohamed Ali
(Querist) 02 February 2009
This query is : Resolved
A Sunni hanafi Family partition suit is decreed. As per decree male is entitle for 2/17th share and female is entitle for 1/17th share in the property.
The Decree schedule properties were of two types town property and revenue lands, Court ordered to appoint commissioner to divide town properties and for revenue lands the schedule of revenue properties were sent to respective deputy commissioners office
For survey and partition. As per decree
Final decree petition is filed in 1989 to divide the shares as per decree. For town properties commissioner was appointed and he divided the properties as per decree in the year 1995 and some parties were not satisfied, hence the file RFA and moved to high court and the appeal were dismissed and part of Final decree proceedings for town properties got completed in 1995.
The another part of same Final decree proceedings is till pending for division of revenue lands as per decree,
Some LR�s of one plaintiff who are not entitle for share as per Mohameddan law were brought on record in 1989 along with their other heirs, when petition for final decree proceedings was filed,
Even these LR�s have been allotted share in the town properties for which part of final decree proceedings completed in 1995 in the same pending final decree proceedings. As we were not following the case we did not object till now, But now we have filed a Interlocutory application in the pending Final decree proceedings to strike out LR�s of plaintiff who are not entitle for share,
As the Final decree proceedings for town properties got completed in 1995 and now the only the execution is pending for town properties,
We want to take back the town properties allotted to these LR�s who are not entitle for share, Our advocate says we have to file a separate suit it cannot be done in this pending final decree proceedings of revenue lands as part of final decree proceedings for town properties completed in 1995.
Is it right can we can question in this part of pending Final decree proceedings to take back the town properties allotted to those LR�s who are not entitle for share or we have to file a separate suit to get back town properties.
Jithendra.H.J
(Expert) 08 February 2009
rightly answered by your adovcate, you have to file a separate suit.
