Confirmation of procedure
rajvinder singh
(Querist) 14 April 2012
This query is : Resolved
the suit for possession by way of partition is decreed .preliminary decree has been passed,now appliaction for passing final decree has been made,now what can defendants do at this stage.
the application under order 20 rulw 18 has been given by plainitiff demanding the property to be divided in two equal parts.what defendant can plead on mode of partition.
what i think in the case is the court will appoint LC.defendant need not to gve application for lc appointment.further lc will submit his report and defendant will file objections on the report they will be decided and then finally decree will be passed.then plaintiff will file execution petition to get the possession.
is this a right procedure or not.
further if defendant is ready to give half of share to plaintiff then he can give a statement to the effect in the court.but i donot know when he can give such statement either before ar after the appointment of LC.
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Adv.R.P.Chugh
(Expert) 14 April 2012
You've got the procedure right. He can give such a statement even prior to appointment of LC, and if the property is paying and is subject to land revenue - the collector would do the job and not LC
prabhakar singh
(Expert) 15 April 2012
A defendant can file Appeal even against the preliminary decree and get final decree proceedings stayed.
If it is agricultural land in UP,then suit of partition must be going in revenue court it self.
If defendant has not filed appeal against the preliminary decree and want to contest the proceedings of preparation of final decree then he has right to file objection against the proposed scheme of partition,disposing which the court shall pass a final decree which shall have to be registered at the cost of plaintiff and accordingly separate possession shall be handed over to the plaintiff by court's amin or commissioner .
Raj Kumar Makkad
(Expert) 15 April 2012
I completely agree with prabhakar singh.
