A Sunni hanafi Family partition suit is decreed. As
per decree male is entitle for 2/17th share and female is entitle
for 1/17th share in the property.
The Decree schedule properties were of two types town
property and revenue lands, Court ordered to appoint commissioner to divide
town properties and for revenue lands the schedule of revenue properties were
sent to respective deputy commissioners office
For survey and partition. As per decree
Final decree petition is filed in 1989 to divide the shares as
per decree. For town properties commissioner was appointed and he divided the
properties as per decree in the year 1995 and some parties were not satisfied,
hence the file RFA and moved to high court and the appeal were dismissed and
part of Final decree proceedings for town properties got completed in 1995.
The another part of same Final decree
proceedings is till pending for division of revenue lands as per decree,
Some LR’s of one plaintiff who are not entitle for share as
per Mohameddan law were brought on record in 1989 along with their other heirs,
when petition for final decree proceedings was filed,
Even these LR’s have been allotted share in the town
properties for which part of final decree proceedings completed in 1995 in the same
pending final decree proceedings. As we were not following the case we
did not object till now, But now we have filed a Interlocutory application in
the pending Final decree proceedings to strike out LR’s of plaintiff who are
not entitle for share,
As the Final decree proceedings for town properties got
completed in 1995 and now the only the execution is pending for town
properties,
We want to take back the town properties allotted to these
LR’s who are not entitle for share, Our advocate says we have to file a
separate suit it cannot be done in this pending final decree proceedings of
revenue lands as part of final decree proceedings for town properties
completed in 1995.
Is it right can we can question in this part of pending
Final decree proceedings to take back the town properties allotted to those
LR’s who are not entitle for share or we have to file a separate suit to get
back town properties.
