staying khata chnage
imthiyaz
(Querist) 09 March 2009
This query is : Resolved
Sir, Our muslim partition suit is pending in Final decree proceedings with 11 decree holders as sharers, AS often the case in muslim partiion suits,there are large number of legal heirs of 11 decree holders,
Some of the defendants and plaintiffs ohave colluded with each other without the knowledge and authorisation of some of legal heirs of decree holders and have executed a panchayati fariqhat with notary signature for some of the decree schedule properties and has applied for Khata change to their names on the basis of this paper without the knowledge of honorable court in which final decree proceedings is pending.
These fraud persons are running a case in the Tahsildar court for khata change for which proceedings are adjourned for orders in next hearing, I attended the previous hearing that Tahsildar is arguing even though the case is pending in final decree procedings for the schedule properties for which khata change has been applied, Tahsildar is ready to change the khata, he may be under some influence, I have filed an petition in taluk office and has taken an acknowledgement that khata for these properties must not be changed as still the case is pending.
I spoke to my advocate he says, we cannot take action against tahsildar or revenue authorities till he writes an Order and also we cannot make him party to apply for stay in court,
We want to stay the proceedings in Tahsildar court to dismiss the case till the final decree proceedings is completed, I spoke to Revenue authority, he says Tahsildar has dicriminitary power to change Khata u can cancel it again when the final decree proceedings is completed , But we don’t want to wait till fdp is completed we want to stay the tahsildar court proceedings,
How can it be done…
Kamlesh soni
(Expert) 11 March 2009
yes mr. prabhakar, i agree with you
