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sridhar pasumarthy (ADVOCATE)     14 July 2014

Final Decree in Partition Suit

Friends, A suit for partition of house was filed by one of the 3 coparceners of Hindu Joint Family. Preliminary decree was passed. Subseqently, Final Decree Petition was filed by the plaintiff stating that the property is not capable of division (admitted fact) and hence sought for auction of the property among the coparceners. The problem is Plaintiff is financially sound and where as the defendants i.e. two other coparceners are poor. If auction is conducted among them, plaintiff will purchase the property at a throw away price causing loss to the defendants. Defendants sought to conduct auction among the parties to lis and also by inviting public to participate in sale so that it would fetch a higher price benefiting all the parties. Is there any way to convince the court to conduct public auction rather than among the coparceners? Pls leave your valuable inputs.


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 1 Replies

Rajesh Kumar (studient)     22 January 2016

sir, What is this Property issue related judgement shows Contested Decreed with costs ? no one attend from defendent side. arguments went ex-parte also. is it possible to set a side/revision/appeal ?


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