Partition suit when defendant slp dismissed
M Satyanarayana
(Querist) 30 October 2012
This query is : Resolved
Sir,
My mother died intestate leaving behind myself, my sister and father. My sister on forged Will claimed entire property. I filed partition suit and Court was pleased to partition the property into 1/3rd share each to us. Against this judgement my sister (Defendant/Respondent) approached Supreme Court by way of SLP. We came to know she filed SLP but we never filed caveat petition in the Supreme Court under the impression that my sister will issue notice when the SLP is admitted and her Review Petition was also dismissed. But the SLP was dismissed and the matter was closed.
When I approached Trial Court my sister filed documents claiming entire property through counter claim by forged relinquishment deeds against our Final Decree Order. It has come to our notice that my sister prayed in the Supreme Court SLP for Interim Relief on the basis of additional documents to place on record. In the trial court she has not mentioned on what grounds she approached Supreme Court for what reliefs. I think she must have filed the same relinquishment deeds that was filed in Supreme Court asking for interim relief. When I applied for certified copies of SLP, We were informed by the Supreme Court that they weed out copies after a certain period. Now How can I know what has transpired in the Supreme Court in relation to the said SLP where we are opposite party and litigants to the said SLP and on what grounds of appeal my sister approached the Supreme Court. It is understood that she has played mischief by not disclosing the grounds of appeal in the Supreme Court to the Trial court and stalled the Final decree proceedings for claiming entire property.
Please kindly advise how a litigant can know or find out on what grounds the opposite litigant approached the Supreme Court when Supreme Court dismisses the SLP and also there is no certified copies on record in the court. Can appeal is taken into the proceedings of the present suit for further proceedings or not.
Yours faithfully
MSN
Devajyoti Barman
(Expert) 30 October 2012
If the court has destroyed the case records then you have no other option to know its contents.
Concentrate on the execution case as the SLP having been dismissed it is of no relevance now.File a petition u/s 340 crpc in the execution court to send the case for inquiry by the Magistrate about alleged forgery of your signature.
