Withdraw case only if consent terms are filed in partition suit for division of property by metes and bounds

Don’t withdraw suit other wise

1. You can withdraw the partition suit on the ground that negotiations for amicable partition has reached the final stage for which you want to withdraw it with leave to file it afresh if no partition deed is registered amicably.

2. You can file it afresh if leave is granted by the Court while withdrawing the present partition suit.

3. Such withdrawal of suit filed is very common and it will have no impact on the fresh case if filed by you in this regard.

Firslty, yes to certain extent, if you happen to do the same then there are chances for he court to say the same mentioned in your query.

Secondly, though there can be different cause of action for next time to file the suit remaining the main relief same.

Thirdly, it may be withdrawn but judge is at the discretion to accept it or not. And that can be little trouble for you.

Fourhtly, getting partition share from court is also amicably and fast if not objected by the others.

Yes you can withdraw in lieu of the settlement further i would suggest you make an partition and compromise deed submit same before court and then withdraw it. otherwise you can withdraw with the liberty to file again.

You can withdraw with the permission to file again if the settlement is not arrived at or you can take time from court for settlement and when issue is settled then withdraw it,

No sir it is not so the compromise should be in written then withdraw or record statement the reason you are withdrawing and seek liberty to file again it wont impact anything.

This is my response to you:

1. Go and apply for consent terms;

2. Add a clause that if the other side violates the consent terms then you get the liberty to file for partition suit;

3. Take permission of the court also;

4. They will not be able to say you are wasting court time, you can do everything to procure justice.

1. Dont withdraw

2. Tell court to not proceed with the suit as the parties are exploring settlement possibilities

3. If a settlement arrives then you can file consent terms

4. Court will pass consent order which will bind all parties and no one can back out

5. Court will happily stop any further proceedings in the suit to give time to parties to settle their disputes amicably

6. If settlement does not reach then you can always submit to court about it and the court will again resume the case

7. If you withdraw now then you will have to do a procedure to claim refund of court fees

8. Then when again u file fresh suit again court fees will have to be paid

9. So its always better to keep the suit alive

10. You can always apply to court to pass an order or direction that till the time the suit is alive, the parties should maintain status quo, that is no one should deal with the property till some proper settlement is reached

11. So everything will be well regulated under the court's supervision and no party can act smart

If the case is pending then never withdraw the suit. Use the mediation or Adalath in court and make a compromise decree. If you are not interested to use the same then file Sanction petition for withdraw the suit with liberty to file fresh suit

hello,

do not withdraw your case. if your brothers are really sincere then they should present a plan of partition as to how they would go about it. if you agree to it then present it before the court which will pass a decree and the partition would be permanent.

if they are really sincere about it then they should agree to it.

regards

You can withdraw partition case seek court liberty to file again

2) it is better to adjourn case to work out settlement than withdrawing case

Court can appoint commissioner in partition suit for division of land by metes and bounds

Sir there won't be any harm if the case is withdrawn with liberty it will not setback anything. But see you to act consciously as it can be withdrawn as you all enter into settlement it will cause you prejudice since you have filed paid expenses now again you have to file.

Ao you can see time and can withdraw when settlement is arrived settlement can be made in a day.

See court will give share to all the person such a way that you sha get equal benifit from.the property that is all will get the main road and the back road.

The rule of fair partition is you get share in best and worst part of property equally if not mutually agreed.

Even after amicable partition you shall have to go to the Cours to authenticate it. You file an application for ADR proceedings. It means you want to settle it outside court and then want to come back with mutual partitions

hello,

the partition will be done a per the convenience of all stakeholders. this can be done by the court if all the others agree to it.the harm in taking it back is that you will again have to come before the court from the start. moreover, there can be no time frame as people who are dissatisfied go for an appeal. so if you can settle it amicably then do it and then come to the court and the court shall pass a decree.

regards

1. The anger shown by one party appears to be baseless since before filing the suit, you have asked for partition from them and when the property was not partitioned amicably, then only you had filed the partition suit.

2. It may be that after getting the said suit withdrawn, they will refuse to do any amicable partition and you shall have to refile it for which your matter will be delayed.

3. You shall have to assess the ground reality and understand whether they are really interested for amicable settlement or are just try to get the suit filed by you withdrawn to delay the matter.

4. You can ask them to first get the partition suit registered and thereafter the suit will automatically become infructuous and will be withdrawn by you.

5. Withdrawal of suit with leave to refile in future does not affect it when filed at a future date.

1. You are justified in your claim.

2. You can get the said property partitioned with the help of court appointed Commissioner who will partition the property equally amongst all the legal heirs.

3. For getting the above partition done by the Court, you shall have to file the partition suit before the Court.

If that is the case then you can withdraw the suit by making a statement that the parties are working on a mutual settlement out of court but seek permission of court to file fresh suit if the settlement does not reach

if court grants you liberty to file fresh suit then in future you can file a fresh suit

if you apprehend any mischief from their side, you may ensure that the mutual partition happens and it is getting registered.

After this you can withdraw the partition suit, there is nothing wrong in that.

Dont take any decision in haste.

Since the partition of property involves practical issues, you may better consult your advocate and take a decision.

In court there will be an equal partition by metes and bounds and if it is not feasible then the property will brought to sale.

The court will not pass any order as per your desire.