Information regarding 38 year old Partition Suit
My father had 4 brothers. In 1955, my elder uncle filed a partition suit so that the property could be divided. The court appointed a Panch and the partition was done on that basis. A schedule was also made in the order and it was written in it that there is no need for separate possession because everyone has possession as per the partition. At that time, almost all the brothers were below 18 years of age. Everyone was present in the court and everyone had also signed.
After that, brother number 3 started selling the land that was given to him after 1972 and sold a lot of land and while selling wrote that he got this land in the partition of 1955 and he has the right over it and no one else has the right over it, on this basis he is selling it. After selling a lot of land, in 1986, brother number 3 filed a partition suit in the civil court that he was fraudulently made to sign in 1955 and the partition was fraudulent. In 1990, the final decree of the partition done in 1955 was made and it was also passed by the court. Now it has been almost 38 years and the case filed in 1986 is still pending. Meanwhile, brother number 1 passed away in March 2023, brother number 3 has informed the court about the death of brother number 1 but the amendment has not been done yet. Number 3 says that he does not know the name of his heir. On this basis, my father's brother number 4 has also filed an application in the court that more than 90 days have passed, the amendment has not been done, on this basis the case should be dismissed, but no hearing has taken place on it till now. Meanwhile, my father's brother number 4 also passed away in July 2024.
Now my question is what can happen next in this case? How can this be resolved by conducting a quick hearing?
Application for dismiss the case on the basis of Res-juridica is also sumitted in the court as parties are same in 1955 case and 1986 case both. Court told at the time of judgement hearing will be on Res-juridica point.