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what section is applicable of cpc 1908?


31-Dec-2023 (In Civil Law)
dear all, i have a partition case going on in appeal but circumstances changed during past two years as given: 1) partition case is about a plot A. 2) and plot A's access is block by plot B as per the few appellants and respondents (happened during past two years). 3) hence plot B's encroachment case is going on in mantralaya. therefore plot A's only access is blocked completely as per few appellants and respondents. therefore: 1) would partition case of plot A be stayed till the disposal of appeal regards to plot B pending in mantralaya. 2) if yes under what sections? 3) and if plot A's access is blocked by plot B's encroachment and unable to access plot A then, would partition take place under this scenario? 4) if yes or no then under what sections? please help!!! regards
Answers (1)

Answer #1
702 votes
you should file partition suit in the civil court. all property will be divided by the court but you can't sell residential home to any stranger if that home is not able to separate exclusively. after demise of your father you are the sole owner of his share in ancestral property so you have right to file suit.
but try to file an application before tehsildar, he has also right to divide property according to revenue record, this procedure is short and swift. it takes more less time that civil suit.

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