Dear Client,

When by order of court, your name is added in the FDP 15, y worry, Its court order and its sanctity cannot be question and doubted.

Relax, There`s nothing like take back of FDP as it is already matter of record but withdraw that also under order of Court.

U Can withdraw it, by submitting that the by the order or by brother.on dated ...... your name is added in the FDP 15, so the purpose for submitting another FDP in 2017, is served, hence withdrawn with the request of liberty to re fill if needed /required in future.

You can withdraw 2017 FDP as your name has been added in 2015 FDP

2) it would not weaken your case

if the hon'ble court order to add your name in final decree proceeding in 2015 there is no issue in withdrawing 2017 FDP, you can give a written application to the effect that since by order dated ___________ Hon'ble court has already added name in 2015 FDP pursuant to same order we are withdrawing our FDP.

this wont effect your case, no as court has already made you party in previous FDP of 2015 no clubbing is required and not permissible.

You may take back your FDP and file as a fresh to make you the party in the settlement deed

Hi

Ideally your brother should have submitted Final Decree Proceedings(FDP) with your name and courts also should have taken cognizance of the Final Decree Proceedings only if the names of all the legal heirs are recorded in the said FDP.

Since you are now impleaded in the 2015 FDP proceedings initiated by your second brother, all you need to ensure that your rights are protected kindly ensure that your application is admitted under 2015 FDP proceedings and orders are passed thereof by the Judge.

Also since there cannot be multiplicity of FDP proceedings for the same cause of action, the judge is right in asking you to take back your FDP in 2017, but you should do so only after ensuring that your interests are protected in 2015 FDP proceedings.

Hope this information is useful.

Hello,

I think you should not withdraw it now . If the judge take any steps you can file an appeal afterwards.

Hope this helps.

Regards

1. Your name has already been added in the FDP of 2015 as per court order.

2. Your withdrawal of FDP submitted in the year 2017 will not weaken your case in any way since your name has already been added in the FDP of 2015.

Pray before the judge as if you take back 2017 FDP then you are weak, and also to pray simultaneously to place your name in 2015 if you wish to withdraw the latest one.

Judge would surely give you the reply.

As per the reply think about the situation by asking sometime to think over it if he says to withdraw only.

We can have some judgement also on it.

Since you have been allowed to be impleaded as a party to the Final decree petition filed by your brother in the year 2015, your subsequent petition for the same purpose pending before the court becomes infructuous automatically, hence it would be better that you withdraw the same instead of allowing the court to dismiss the same becasue it has no meaning to fight with it as well.

Your purpose is not for fighting against his final decree petition but it is for partition and separate possession, so act judiciously.

Hi,

This will not weaken your case and the same can be done in 2015 FDP itself.

Dear Madam,

Since your name is impleaded in earlier that is 2015 FDP, your interest will be protected and you will get your property as per decree. As 2017 FDP is repetition of 2015 FDP so judge asked you to withdraw the same. Your case do not become weak if 2017 FDP is withdrawn.

Let him issue the letter in writing for the same with reasoning for taking it back. Don't follow oral instructions. If the said letter is illegal challenge it in court.