Dear Sirs,
An undivided family dwelling house of my family was the subject matter of a partition suit. Suit was decreed into 6 shares. An FDP came to be filed. During the pendency of the FDP, a stranger to the family purchased undivided shares of some of the coparceners in the undivided dwelling house (without permission of the court) and was impleaded as a respondent. Thereafter a Commissioner was appointed at the instance of the plaintiff to demarcate his share in the suit dwelling house. The Commissioner filed a report demarcating only the share of the sole plaintiff in the original suit and submitted his report. I filed objections to the said report. The trial court over ruled my objections and accepted the commissioner's report and closed the FDP in July-2019. I have already preferred appeal to the High Court and is pending admission. No execution petition has been filed so far, since the original plaintiff and many of the coparceners have sold their undivided shares during pendency of the FP. The original plaintiff and some of the respondents are also dead.
Two years after closure of the FDP, the stranger purchaser has moved the trial court yesterday with an application to demarcate in his favour the undivided shares purchased by him in the suit dwelling house from some the coparceners. During the pendency of the FDP, he had not moved any such application, though he was impleaded as a respondent and was duly represented by a competent lawyer.
I request to be kindly guided to know whether the FDP that has been closed by the trial court can now be reopened at the instance a respondent, who is a stranger to the family/proceedings.
Whether a stranger can seek to get the undivided shares in the suit dwelling house demarcated in his favour, in the FDP which pertains to the members of the family.
