I have filed a partition suit in Madurai court under Order VII Rule 1 and section 26 of CPC against my brothers including a running partnership firm business in bangalore which includes goods, furnitures and advance of Landlord of shop.
Meanwhile landlord filed an ejectment suit under transfer of property act 106 against partnership firm in bangalore by issuing advocate notice to all partners. In this ejectment suit in bangalore court, one of our partners mentioned him in his written statement as a propreitor, and says all the partners were retired from the firm. One more other partner (defendant) in this ejectment suit filed his written statement by an advocate mentioning him as a partner.
My advocate also filed my written statement today in bangalore court mentioning me as a partner and also clearly said in my written statement about the partition suit which is filed in Madurai court as follows,
"It is submitted that , O.S.No.765/2011 is pending on the file of the Court of sub-judge at Madurai in Tamil Nadu in between this defendant No.3 (as plaintiff) and the other defendants herein (as defendant) for partition and one of the item included in the schedule thereto relates to the lease hold right and the security deposit relating to the suit schedule property herein."
I request you to provide your suggestion and, Can i take any step to stop the proceedings of this ejectment suit in Supreme court until I get the judgement from Madurai Court?.
