S.MANIMARAN (Advocate) 05 August 2015
Hello member Good eveining , my question is that after passing the premenillary decree in the partition suit for a A Schedule Property , the both plaintiff and defendant had jointly sold a portion of the A Schedule property, now the defendant refuse to give the share in the remaining A schedule property, hence plaintiff decided to file final decree, now whether the plaintiff as to file a final decree only for the present extend or what he as to do kindly give advice , thankyou in advance
niranjan (civil practice) 05 August 2015
You sold portion of the property after pre,iminary decree and still portion remains tobe divided as per preliminary decree.You can file application for final decree for remaining portion by declring that both of you jointly sold portion of property and thereby deft agreed with the shares divided as per pre.decree and so now final decree is tobe drawn as per shares declared in preliminary and comissioner be appointed for dividing the remaining portion of the property.
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