partition suit, challenge against final decree,
Ranganath.T
(Querist) 16 February 2010
This query is : Resolved
Dear Sir,
My Name is Ranganath.T on 02-10-1989, City Civil Court has issued a judgment and Final Decree on my Grandmother partition suit but in this judgment boundaries are not marked properly by the commissioner because our apposite party misguide the court by saying that he had been received some property from our neighbors by gift and he given a false statement of some other's (third party) property belongs to us. That means instead of our property he triad to merge some other's property and actual property showed as a gift given to him by some other peoples. And in the Final Decree, Judge mentioned their is no proper documents for the gift provided to him. But unfortunately we did not get our actual property of 40 feet’s in West instead of that 40 feet’s in East we got but this is not our property. (Which the property belongs to 3rd Parties they were already in the procession since from past with their proper documents)
Now my humble request is can we challenge this suit for amendment or re-appoint of the commissioner to fresh partition.
If it is possible please give me your precious opinion on this matter.
Final Decree passed in the year 1989; please help me we are straggling on this matter because in those days my Grandmother was very poor so he did not file the suit.
And tell what is court fees for declaration suit in the web site they mention Rs. 1000.00 or market value which ever is higher but I did not understand Rs. 1000.00 for single meter, sft, or square.
If you need I will send the Judgment copy for your further clarifications.
Thanking you.
Yours faithfully,
Ranganath.T
B K Raghavendra Rao
(Expert) 16 February 2010
Since the decree has been passed in the year 1989, it is time barred. The ground that your grandmother was very poor and therefore did not file the suit is not a valid reason for delay.
