If portion is undisputed the court can discharge same further if the schedule is part of the claim of plaintiff same would not be discharged till the suit is decided.
Discharge of schedule
There is a partition suit pending in civil court. 7/11 is pending for order. Now I want to ask the court to discharge schedule so that I can legally carry out my work of construction. Plaintiff is asking for partition of the property and claims he is the owner for fifty percent of undivided share. I have not yet filed ws. Is it possible to ask the court to discharge schedule for my undisputed portion. We affirmed that we are the absolute owner of whole property. Possession,title and revenue and registration records are in our favour
Asked 7 years ago in Property Law
Religion: Hindu
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5 Answers
1)You can seek court orders to permit you to carry on construction on your share in property
2) the problem is demarcation of your share has not been done
3) hence you may not be granted permission to carry on construction
I am not aware what you mean by discharge of schedule
There can be a stay which will lock the property
That stay needs to be vacated
You may affirm that you are the absolute owner but what about court decision on this.
There's a litigation pending hence court may not permit you to make any construction in the disputed property.
You may have to wait for the disposal of the case
Dear client,
In partition suit court will preminilery decide share than finally portion on metes and bound. At this stage no such schedule will decide by court.
