Suit running in lower court, challenging in higher court
Guest
(Querist) 05 January 2010
This query is : Resolved
Dear sir,
We filed a partition suit (Tahsildar level) in tribunal court for property settlement and sent notices to respondents.
Respondents not claimed the notices and filed a suit in higher court after we sent notice to them (Sr. Division court, Taluk level)
But they not brought any stay to our suit running in tahsildar court nor accepting notices.
When tahsildar set a date to hear ex-parte. Respondents lawyer came and argued that case running in higher court, so no ex-parte to proceed (even respondents not claimed notice nor present to hearing in our case)
My question is, we filed suit first, after notice sent, they (respondents) filed a suit in higher court without brougt any stay to our case. Is this any law that automatically cancels lower court case when filed a same property suit in higher court or vice versa. Please guide me. Thanks
Raj Kumar Makkad
(Expert) 05 January 2010
You tell about your case only. Whether the hearing of your case stands adjourned sine-die?
If the higher court has not granted any stay order then there is no justification of staying the partition proceedings. I think you could not clear your facts of the case.
You might have filed partition suit before Tehsildar and the other party has filed title suit before civil court and other party has now prayed to stay it because the title suit is pending before civil court. partition proceeding are separate than title suit so there is no need to stop proceeding of partition.
joyce
(Expert) 05 January 2010
u contest the case in civil court and apply an application as to the pending of first case by you by producing the certified copies. also let us know which case ur respondents have filed against u. hope the answer of Raj is correct.
adv. rajeev ( rajoo )
(Expert) 12 January 2010
Tahasildar is not empower to entertain partition suit, I think you are misguided. ONly civil courts are right to decide the partition suits.
Moreover the order passed by the Tahasildar is not binding on the Civil Courts, because order passed by the Tahasildar is not an order because it does not prounance in open court.
Judgement and Decree passed by the Sr.Divn., Civll Court is binding on all.
