Conflicting verdicts

Querist : Anonymous (Querist) 15 September 2011 This query is : Resolved
as there is no understanding between the family members in dividing the intestate proprties left by my father, sons & daughters have approached diffrent forums & courts and as a result there is a possibility of conflicting judgements from different courts/forums. in such a case which verdict will prevail and be final.

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prabhakar singh (Expert) 15 September 2011
An application in a superior court to consolidate all cases in one jurisdiction should be moved.Or an stay in court where earliest suit was filed can also serve the purpose provided all suits are respect to common properties.
Your query is confusing as for parties can move only to civil court for allocation of their shares and partition thereof.It may happen that where properties are at many places in one or different states,suits could be filled at any or at all places by different parties which may lead to a situation stated by you but i am still not clear from your query how different forums can be used for this kind of a cause.?????

Raj Kumar Makkad (Expert) 15 September 2011
Only a single court wherein property is situated has power to entertain partition of property. First case shall be heard and all subsequent filed shall be stayed as per law. You can file applications under section 10 read with section 151 of CPC in all courts or forums wherein subsequent cases were filed on the same matter between the same parties for this purpose.

Chanchal Nag Chowdhury (Expert) 15 September 2011
If partition cases have been filed in various courts taking advantage of the properties being situated in different districts, the court where the case was 1st. filed will have the power to stop the other proceedings.
However, the best course of action is to file an application u/s. 24 CPC. if they are situated in different districts- to the HC.
If lodged in different courts within the same district- to the District Judge, for joint hearing of the suits.

girish shringi (Expert) 16 September 2011
Mr.Chowdhary has rightly advised.

prabhakar singh (Expert) 16 September 2011
and in substance that was my advise that you failed to understand even being a lawyer????????????????//

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