Suit for Partition by daughter's Sons
How to approach a speedy solution in the below Case as I don't want go through a normal procedure of Written statement or arguments and then wait for the Judgement.
Family tree: Grandfather(Died) has three daughters (2 Alive and 1 Died) and a Son. The Son is my father and my father has 3 childern, My younger Brother, my younger Sister and myself.
In the year 2013, a partition was effected under lok Adalat among My father, My Mother, My Brother, My Sister and Myself.
Now, A new case if filed by the Grandfathers daugher(Deceased) Sons claiming share in my grandfathers property and the Judge has also given a Temporary Injunction.
I has under stood that a supreme court judgement namely Prakash & Ors V/S Phulavathi & Ors case that the Hindu Succession (Amendment) Act 2005 applies only to Living Daughter of living coparceners as on Sep 2005.
In the present case my grandfather and his daughter have been deceased long before 2005, now the court has accepted case filed by the sons of the deceased daughter of my grandfather.
Here, i am absolutely sure that the case will not stand as it is against the Law also i'm sure that it will take its own time for the case closure as they have deliberately included many parties to the case.
Since I'm yet to file my averments and I dont want follow the regular procedure of filling a written statement and hearing. hence please advise me how I can approach the case so that the case can be dismissed initially only based on the case is barred by law. Basically I want have a speedy disposal. In the present world everybody is behind the money including my lawyer and they will tend to prolong the case unnecessarily and it a trauma.
Hoping someone advising the easier route in approaching a case. The case is posted for 02-Oct