Sir I am from Arrah,Bihar. I have filed a partition suit as my two brothers are not giving my share in Agricultural land as well as ancestral home. my two brothers are enjoying farming on the land and make approx 2 lac per year from it and do not give my share in it. I have filed partition suit in Arrah Civil Court but from last six month but one opposite party is not appearing in court despite issuing notice by Court while other is appearing . ( we are three brothers) Now i want to withdraw my partition suit pending in arrah civil court and file 144 in S.D.M court so that my brothers could not enjoy to farming on land and make money approx 2 lac per year. They have also doing farming on all land without giving my share. they have KABJA on my land and ancestral home. I talked to my lawyer but he says injunction petition will not allowed generally to stop farming on land. Please suggest me how to withdraw my partition suit? or any other advice so that i could get my share easily.
Ask a question and receive multiple answers in one hour.
Lawyers are available now to answer your questions.
1. Do not withdraw the partition suit. It is your ultimate relief.
2.File injunction petition in the partition suit and ask for ad interim order of injunction to restrain your brothers from cultivating the land.
3. If you could show the court that your brothers have received the summons then the court can hear the case ex parte.
4.So talk to your layer on this. Otherwise ask for newspaper publication so the suit is put to trial.
DO NOT ABANDON THE PARTITION SUIT AT ALL.
1) do not with draw partition suit
2) in partition seek court orders to direct brothers to deposit your share of farming income in court
3)court would not pass orders restraining brothers from farming on the land
1. Has the summons been served? You do not have to withdraw the partition suit. You may apply to the court to proceed ex parte against them as they are not appearing.
2. Be that as it may, you are free to withdraw the suit by filing an application in this regard to the court.
1. don't withdrwan your case.
2. you should file an application before the sdm under section 145/146 crpc for preventing to interfere in the suit property.
3. you should file an expedite petition before the high court for expedite or early disposal of the civil suit.
4. when expedite order is passed then lower court cannot linger on this case and bound to dispose of within stipulated time period as directed by the court.
It is not advisable to withdraw the partition suit.
In the injunction petition, you may seek injunction against your brother from enjoying the mesne profits and can seek the direction of court to direct them to deposit your share in the profits/revenue from the land til the disposal of suit or to restrain them from cultivating the agricultural land any further.
If your lawyer is not cooperative, you may change the lawyer and decide to engage some other lawyer who would bring forth some respite.
A case before SDM court may not fetch you results justifiably.
