Responsibilities of local commissioner in property division case

I am Plaintiff 1 for case in High Court CS(OS) 1188 YEAR 2009. Basically we ( me and my younger brother) had gone to the Court to prevent our youngest Brother from allowing a third party from entering our Kothi 18 B Bazar Marg Old Rajinder Ngr. However, he did not contest the case but our sister contested the case asking for full 20% share even though she had relinquished her share which is recorded in mutation paper. The fifth shareholder in the Kothi are two childern of our Eldest brother who died in1997. I had withdrawn from the case 2014 on the grounds that we had an understanding with our sister. But the Plaintiff no 2 continued. On 20 nov17 Court have given a prelim verdict and also apoointed a local commissioner to inspect and recommend division of the property if possible .Since property in my control I no communication from Lady till date. What should do cause I am on long tour abroad house is locked. pl advisd

Answers (2)

83 votes

I have seen the order dated 20.11.2017 in CS(OS) 1188/2009, in this order Ms. Deepakshi Jain has been appointed as an Local commissioner to inspect the suit property and suggest the mode of partition and whether the suit property can be divided by meets and bounds. With respect to the powers which has been given to the local commissioner by the court, Local commissioner has all the powers which Hon'ble court has, however these powers are limited only to the subject matter mentioned in the order. Since there has been no communication from the local commissioner you can bring this to the knowledge of the court on the next date of hearing on 12th July 2018.

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87 votes

it is not clear as to which stage of the matter you withdrew your self from the case. it is possible for you to appoint person for contesting the same before the ongoing proceedings and to make your objections accordingly.

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