Only preliminary decree of partition has been passed 

2) since no final decree for division of property has been passed sister can file application in court for appointing a commissioner for division of property by metes and bounds 

3) her claim is not barred by limitation 

Limitation for application seeking execution of decree is 12 years from the date of decree. In your case she can file execution petition and get the property partitioned under the decree. But she can file a fresh suit as there is restriction on filing any number of suits in case of partition of property.

is also settled law that till passing of a complete final decree, the suit is deemed pending and so far as partition final decree to be applied and obtained concerned, there is no limitation. The Full Bench of Madras High Court in Ramasubrahmanya Pattar v. Karimbil Pati held that for obtaining partition finaldecree, based on preliminary decree, including for mesne profits claim under Order XX C.P.C, there is no limitation and the provisions of Limitation Act have no application muchless Article 181 of the Limitation Act. Whenever the preliminary decree holder moves the Court, the Court is bound to enquire and grant in favour of the decree holder a final decree and a final decree application in a partition preliminary decree to work out the rights defined in the preliminary decree is merely in the nature of a reminder of what is still to be done

If the other parties are reluctant to do an amicable partition then the aggrieved party can file a petition seeking to appoint an advocate commissioner to inspect and divide the property with metes and bounds as per court order. 

She can file a petition for final decree also. 

The suit is not barred by limitation however the execution petition should have been filed within 12 years from the date of final.  But if the final decree application is yet to be filed,  then she can file it even now. 

After 12 years the decree as good as dead. File a fresh suit producing the earlier decree.

- As per Muslim law, a daughter can ask for the  property equal to half of the sons share. 

- Since, the court has already passed decree in her favor in her partition suit , then due to non-complaisance of the said decree, she can move an application before the same court for the appointment of local commissioner for the division of the property as per the court direction. 

- The limitation to execute this order is limited to 12 years from the date of decree. 

Dear client I'm sorry to hear that but in this case even your sister has a ride over the property and civil also get the property not equal but half to that of what you and your brother when get

1. In a suit for partition, the preliminary decree will determine the case including if the partition suit is maintainable, if yes, who will get what share and all other issues with regard to rights of inheritance.

After the court passes the preliminary decree, in order to divide the property by the report of a commissioner the court will pass decree and judgement in connection with the allocation of respective share to parties to the suit.

The execution petition is filed to execute the court decree.

2. The final decree is the part of suit, hence can be filed anytime.

3. Execution petition cannot be filed on the basis of preliminary decree alone 

4. If the fresh suit is filed for the same cause of action then it may be barred by the operation of law of res judicata, the court will not take it on its file.

You can continue the old case itself as suggested above.

You don’t need to file fresh suit for partition 

2) file application for final decree citing judgment quoted by me 

3) in your case only preliminary decree of partition has been passed .final decree for division of property by metes and bounds has not been passed .

IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
SPECIAL LEAVE PETITION [C] NO.17932 OF 2009
Shub Karan Bubna @ Shub Karan
Prasad Bubna … Petitioner
Vs.
Sita Saran Bubna & Ors. … Respondents
O R D E R

As the declaration of rights or shares is only the first stage in a suit
for partition, a preliminary decree does not have the effect of disposing of

the suit. The suit continues to be pending until partition, that is division
by metes and bounds, takes place by passing a final decree. An
application requesting the court to take necessary steps to draw up a final
decree effecting a division in terms of the preliminary decree, is neither
an application for execution (falling under Article 136 of the Limitation
Act) nor an application seeking a fresh relief (falling under Article 137 of
Limitation Act). It is only a reminder to the court to do its duty to appoint
a Commissioner, get a report, and draw a final decree in the pending suit
so that the suit is taken to its logical conclusion.

2) In view of the foregoing, we are of the view that the application
filed by the plaintiff in this case for drawing up of a final decree, was
rightly held to be not subject to any period of limitation.

1. If the judgment is in accordance to your circumstances and as the provisions of law, then it can be very much cited.

2. You can look for the judgment through internet or your lawyer.

3. You may refer the copy of the judgment to an experienced lawyer and get his opinion

1. This judgment of High Court can be applied in all the trial court in India 

2. Better contact a local lawyer 

3. If the process server was not appointed for the division of the property , then this order will be treated as Preliminary decree , and hence you can move an application before the same court for the appointment of local commissioner 

- Further , you should go through the said passed Decree properly for knowing the nature of the Decree .

Dear client execution Petition simply means the process for enforcing the decree that is passed in favour of the decree holder. As per Rule 2 (e) of Civil Rules of Practice “Execution Petition” means the Petition to the court for the execution of any decree or order on the other hand final decree is the last a decree. preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit settling all the matters in dispute between the parties. It may be partly preliminary and partly final

1. Not binding only persuasive value 

3. The decree passed at initial stage is preliminary one