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How can we prolong partition suit in the court
29-Sep-2023 (In Property Law)
Three BROTHER have 6 flats HUF. One brother died with no heir. His wife stays in her brother house.Elder BROTHER has one son and two married daughters and the middle BROTHER has one son. The widow made a partition suit file against two brothers. What should the elder brother do. Note: The elder brother wanted to make partition for their daudgter marriage but she ( widow) and his husband did not allow him for the partitions. Daughters are still unmarried, age 41 and 39. Because of her, (conspiracy with promoter and middle brother) , elder brother lost shops everything and became fool because the whole property was in his name before the flat was constucted. Simply Elder brother wants to delay it for 10 years. The pain he received is unforgetful. Please advice how to delay the partition.
You should file a Revision Petition under article 227 of the Indian Constitution in High Court for an expedite order for speedy disposal of the suit, which is pending before the lower court.
Article 227 in The Constitution Of India 1949
227. Power of superintendence over all courts by the High Court
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practicing therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces
Article 227 in The Constitution Of India 1949
227. Power of superintendence over all courts by the High Court
(1) Every High Court shall have superintendence over all courts and tribunals throughout the territories interrelation to which it exercises jurisdiction
(2) Without prejudice to the generality of the foregoing provisions, the High Court may
(a) call for returns from such courts;
(b) make and issue general rules and prescribe forms for regulating the practice and proceedings of such courts; and
(c) prescribe forms in which books, entries and accounts shall be kept by the officers of any such courts
(3) The High Court may also settle tables of fees to be allowed to the sheriff and all clerks and officers of such courts and to attorneys, advocates and pleaders practicing therein: Provided that any rules made, forms prescribed or tables settled under clause ( 2 ) or clause ( 3 ) shall not be inconsistent with the provision of any law for the time being in force, and shall require the previous approval of the Governor
(4) Nothing in this article shall be deemed to confer on a High Court powers of superintendence over any court or tribunal constituted by or under any law relating to the Armed Forces
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Adv. Minansu Bhadra
Kolkata | 100+ Answers
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