Final decree proceedings

Mohamed Ali (Querist) 27 June 2009 This query is : Resolved
A muslim partition suite is preliminary decreed in the year 1954, the final decree proceedings is still pending and ajouned yasterday for next month, which had started in the year 1986,

All the decree holders and even many of their children and grandchildren have died, many of the legal heirs of decree holders have to brought on record and some of the legal heirs of a decree holder(plaintiff) who are not entitle for share as per Mohammedan law have wrongly been added as legal heirs of one plaintiff t the start of final decree proceedings.

Question: Now the Judge is suddenly taken a U turn and is telling, all of the legal heirs write a memo stating that pass on the final decree as per preliminary decree dated 1954 and he will passed an order, ignoring almost 80 Interlocutary application pending from the year 1986 in the pending final decree proceedings, in which some application to delete some wrongly added legal heirs of one of the plaintiff is also their and some subsequent purchaser after decree have been added as additional defendants and rest many of the application is to bring legal heirs of decree holders on record. our advocate questioned the judge he cannot pass an order based on preliminary decree as all of the decree holders have long died now but the judge is not willing to listen our advocate, our advocate said final decree proceedings is nothing but continuation of original suite and anything can be done here, or advocate further said we have an Interlocutory application pending in this FDP to delete some legal heirs of one plaintiff who are not entitle for share and have been wrongly made as parties, but the judge is saying that u can take care of that after the share is allotted to that plaintiff as per decree,but that plaintiff has died in 1979 and even her children except one daughter have died. But the judge is not understanding the things, Please advice how to proceed as we want the legal heirs of plaintiff who are not entitle for share must be removed from record in the pending final decree proceedings itself, further the judge is telling u can raise your concern in execution after final decree is passed which is wrong, can we go to high court on that memo which judge is taking to pass final decree based on preliminary decree and stop the judge from doing so, or what alternatives are there for us.

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Kiran Kumar (Expert) 27 June 2009
the judge can not keep the interlocutory applications pending while deciding the matter.

dont give any undertaking to pass any order on the basis of preliminary decree, probably he is running away from such an old matter....otherwise Gold Medal should be given to all the litigants who ve contested this case.

ask the judge to decide all the interlocutory applications first....if any decision goes against u then u can file revision or appeal against such orders.

pls check Salem Bar Association case of 2005, u may get something out of it.