Partition Suit
Kumar Krishan Agarwal Advocate
(Querist) 29 April 2011
This query is : Open
Dear Ld Friends,
1. I have a personal case of my mother. THat There is a Ancestral Property(abbreviated further as 'AP') who has 7 Co-sharers in the aforesaid AP. Suppose A to G are the seven share-holders/co-shares in the AP. The AP is a 'very small commercial shop' which cannot be divisible into everyone Co-shares A to G peacefully and get it individual premises for everyone co-shares?
The person 'A' purchased/bought on registered Deed a share of 'B' and now the co-owner of two shares in the AP.
The person 'G' was missing since birth/early childhood and have lost permanently from last 25 Years and neither we heard about it.
2. NOw I filled a partition Suit with seperate Possession before Civil Judge taking 'A'(two shares) Against/versus 'C', 'D', 'E' , 'F' and leave out G to make party in suit.
3. The person 'C' and 'D' are refusing to [ sell or dispose of or make a partition of the AP ] and creating obstacle in the suit to get the AP partitioned or may dispose of the value of the property in five co-shares according to para 2.
Now My queries Are:-
1. That How the court may partition or may dispose of the value of the property although 'C' and 'D' are not ready to sell or dispose of the partition neither nor they want to purchase the two share of 'A' neither Nor 'A' want to purchase the seperate share of 'C', 'D' and 'E'.?
2. That 'C' and 'D' are taking undue advantage of the commercial shop (AP) and are not sharing any mesne profits to 'A' and 'E' thru daily earnings from commercial shop.
So for stopping further misuse of earnings thru AP, I filed an injunction application under Order 39 Read Sec 151 CPC for the closing of the shop & stopping its daily business transaction permanently and may fix an official seal at the property until the subject matter will adjudicate before Civil Judge.
++ It is right to file such application under Order 39 to close the shop permanently till resolve of the partition suit?
3. It is any other method or mode or way to get out such partition suit in easy way or any section of law may help in this particular perplexed situation?
4. What other type of interlocutory applications may help so that the commercial property(AP) may closed permanently till the matter not get resolved fully before court?
