My father, mother & brother filed a partition suit in 2012(OS 133) and it is now for evidence. We have 3 joint properties as mentioned below all are under Hindu Joint family Schedule A: Oil Mill and House Schedule B: 2 acre of agriculture land (OS 58) Schedule C: 3 acre of agriculture land (as legal partition from my father's brother) (OS 116) Now schedule B property is in legal dispute, 15 years back my father and brother entered into agreement of sale without my knowledge. Buyer has filed a case in court in 2013 and it is pending in court. And also schedule C property was in legal dispute,But last month judgement has came and decreed, my father will get equal share in his parents property. Execution is pending and we don't know which portion of land we will get. I want to file an IA requesting court to Keep partition suit (OS 133) into pending status, till case 58 & 116 are come to final judgement? Please advise soon.
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suit filed by buyer for schedule B property would take 15 years to be disposed of
2) court would not adjourn the case till case 0S 58 for schedule B property is disposed of
3) since case in respect of schedule property C is disposed of court can direct equal share to you and your mother in the share to be received by your father
There could be no such IA filed. Rather you keep seeking long adjournments.
Hello,
It will take approximately 15 years for the suit filed by buyer for schedule B property to be decided, seeking adjournments is one of the way in which you can get the suit delayed; and in respect of property C since the case is disposed off the court may order division of the property in equal share.
Regards
1. Your query is lacking in a very important detail as to when was the cases no.58 and 116 were filed.
2. If the cases no.58 and 116 were filed prior to the filing of the partition suit then you may file an application to the court under sect.10 CPC to stay the suit, but if they were filed subsequent to the filing of the partition suit then the suit cannot be stayed.
This is not a follow-up question. I am providing more info related to above question. Date of filling of suits O.S 116 is filled in 2007 O.S 133 filled in Nov 2012 O.S 58 filled in Jun 2013
1) I have answered your query .
2) court may not adjourn hearingof partition suit till disposal of pending suit
3) you can submit application in court to adjourn hearing of case on account of pending suits
This will not make any difference to the opinion as rendered above
OS 133 was filed in Nov 2012, which you want to be stayed. So file an application under Section 10 CPC.
If court already passed judgement in a case then I A filed subsequently are not maintainable.
When there is no case where is the question of any application that can be filed in it.
Are the cases tried jointly, if not then there is no provision for this desire.
Three different suits have been filed in three different dates.
There is no joint trial too, hence there is no room for your fancy designs in law.