Two orders by the same court on same matter
Ahishek Shinde
(Querist) 17 July 2012
This query is : Resolved
Hello Experts,
We are three brothers B1, B2 and B3 and two sisters S1 and S2. We have the properties P1, P2 and P3.
In 1990, S2 filed suit for partition in trial court. In 1991, trial court given the order to give 1/20th share to S2 in all properties P1,P2 and P3.
In execution of this decree, in 1991, P1 given to B1 completely, P2 given completely to B2. P1 and P2 are small lands of 27 aar and 32 aar respectively.
P3 is big land of 36 hectare. 1/20th share of P3 was given to S1 and S2. 6/20th (i.e. 3/10th)share of P3 was given to B1, B2 and B3.
In 1996, B3 filed suit for partition of small lands P1 and P2 in the same trial court. In 1998, court ordered to give 1/5th share of properties P1 and P2 to B3.
Execution of this order is not done yet. If we want to execute this order of 1998, what will be the shares of B1,B2, B3, S1 and S2 in properties P1 and p2?
Raj Kumar Makkad
(Expert) 17 July 2012
Equal share of brothers and rest 40% in favour of both the sisters.
Ahishek Shinde
(Querist) 18 July 2012
Dear Rajkumar Sir,
Do you mean 20% each of B1, B2, B3, S1 and S2?
Because 40% to both sisters means they hold 20% each.
And rest 60% in 3 brothers means again it is 20% each.
AAK
(Expert) 18 July 2012
in my view, once the partition has been executed by way of final decree proceedings and the same is acted upon by the parties and also the same is not at all challenged before the appellate courts, the same shall be binding and conclusive.
The second partition suit will be hit by res-judicata
