Dear sir,
We purchased a property in 2009, the property belongs to a person ‘s self-acquired by him, and on his intestate death devolved upon 3 family members Wife and 2 children, later 2 family members settled the property onto other 3rd family member, the 3rd family member sold to us. We obtained family member certificate and death certificate of deceased person After our purchase, a lady send us a notice claiming, she also a family member of the deceased person and she is staying away from the family, without her consent the sale is happened. After that she filed a partition suit showing 3 schedules in the suit and claiming 1/4th share in the each of the suit schedule properties. In 2018 court delivered the judgement accepting her as a family member and on the principle of equities Schedule 1 is allotted to us, because it is already sold property and the purchasers with due diligence purchased it (The order is pronounced by senior civil judge court) and relief given to the lady in schedule-2,3 because they were un-sold.
While the partition suit is in progress, another Mortgage suit is filed in 2010 by different parties on Schedule-2, which is included in partition suit, but the lady who is filed case against us did not contest the Mortgage suit. The mortgage suit is decreed in favor of petitioners, because it is uncontested by defendants. The other parties filed an execution petition; this case is running in District court. In 2017 the lady again filed a claim petition in the Mortgage suit claiming she is a family member and subsequently she filed the order copy in Partition suit in support of it.
(The lady is in collusion with her family members doing all these acts, to evade court fee she did not contested in mortgage suit and merely filed a claim petition).
The lady again filed an appeal against us in 2018 stating the lower court errored in allotting schedule-1 to us, the appeal now in notice stage.
My doubt is, when she filed a claim petition in Mortgagee suit, how can she file an appeal at the same time against us. She can put her legs on 2 boats and sail at the same time. She preferred an appeal by saying the lower court errored, and at the same time she filed a claim petition in other court
Can we bring this point to Appellate court and pray for dismissal of appeal by filing the copies of claim petition in the Appeal court.
How the court will decide, the Executing court of mortgage suit can honor the judgement of Partition suit and gives relief to the lady in her claim petition.
We are not parties to the Mortgage suit and we did not filed any impleading petition in that because of headache of other litigations.
