• Right to cultivate in our ancestral property

On going case pending...partition suit filed 5yrs since temporary injunction continued.i am the plaintiff and only one among the defender is cultivating the entire property....not allowing me to cultivate...how can i claim my right to cultivate.. what is the process to under please advise...
Asked 6 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

Lawyers are available now to answer your questions.

30 Answers

Change advocate for fast results. Now injunction are getting vacated after 6 months, if not extended by reasoned order.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1.  Since matter is sub-judice, you will not be able to enforce your rights to cultivate the property.

2.  However you can file for interim relief, seeking directions to cultivate part of land.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can take out application that the sale proceeds of cultivated products should be deposited in court by the defendant 

 

2) for cultivating land you would need court orders if defendant is refusing to permit you to do so 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Court must have ordered status quo, so he is doing same thing which was doing before case filed. File application u/s 151 CPC. 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

1. File a petition under order 40 of CPC for appointment of Receiver who would take accounts and keep the money till disposal f the suit.

2 . You can not seek injunction as the same would make the land unproductive. On the contrary apply for appointment of receiver and rendition of accounts so at the time of decree of suit all the co sharers get their due share from the fruits of land.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

If there is injunction order issued by court and in force you can approach court for attachment of his/ her personal property for disobeying court order.

Otherwise you can claim your share in the proceeds out of cultivation. In case of denying you can file a suit claiming your share of proceeds.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

 

Partition suits take 15 years to be disposed of 

 

2) you need court orders to direct defendant to permit you to cultivate part of land and for share in sale proceeds 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See if in interim order if there is only stay then you cannot.cultivate till the suit is disposed you can claim share the amount from the person cultivating for taking benifit all these years.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You need to take interim orders in your partition suit for cultivation stating that irreparable loss caused to you from the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

If there is any stay order then you cannot cultivate if there is no order then you can cultivate. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

If the temperature in Jackson is in the favour of defendant then you have to go to High Court against the temporary injunction and get the order to use the land for agriculture purpose as well the temporary injunction normally removed by the same court when the cases decided if it is not then the high court is only way out

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

Share the copy of the injunction order that has been passed for a complete and concrete advise on the topic. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Stay has been granted restraining sale of property by defendants 

 

for deposit of sale proceeds of agricultural produce in court you would  need court orders 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See the plaintiff has got this relief that the defendant shall not sale the property pending the suit this order is in favour of plaintiff, the plaintiff can claim arrears of income generated as mens profit earned by the defendant. 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

injunction order passed in favor of plaintiff. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir,

Be understand that no Court can issue temporary injunction in respect of Joint Family Property as it being enjoyed jointly. Please produce recognized Family tree and get vacate such ex-parte TI Order.  

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Above order is vacated, file fresh application for orders.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Recent supreme court ruling,

Stay In Civil/Criminal Proceedings Not To Be Granted Beyond Six Months; Further Extension Only By Speaking Order


Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

since injunction order has been flouted with impunity by defendant take out contempt of court proceedings against the said defendant 

 

2) inform the buyer that property purchased by him in violation of court orders restraining sale of property by defendant 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Actually as per supreme court judgement any injunction or stay can't be continued after 6 months without assigning reasoned order for continuance. So you can apply for fresh orders in the same allowing you to cultivate the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

File a contempt petition against defendant for selling the land in disobedience of the court order further pray before court to restore the property status quo.

 

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

If there is an injunction in force then how will the defender continue to cultivate the property?

It can be termed as contempt of court for violating the court orders, you may ascertain the position and then file a contempt proceedings agaisnt him.

What is your advocate's opinion in this, discuss with your advocate and proceed.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

As you have mentioned that there is an injunction in force on this, you may approach court for taking action against the defender who is violating the court orders.

If ther is no injunction order, then nothing will stop you also to cultivate the land from your side, let him object and even give a police complaint, you can also give a counter complaint or approach court with a petition seeking to restrain him from cultivating the land till the disposal of the suit.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

This exparte injunction is only against alienating the property and not restraining them from cultivating the land, hence you may file a fresh petition seeking to restrain them from cultivating the land till the disposal of suit.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

If one of the defenders had sold the property during the period of injunction in force, nothing prevented you from taking a contempt of court action against them, why did you keep silent all the while and now raising a voice on this?

You had not taken any action against it till this date then what is the purpose of mentioning them now here?

You can implead the subsequent purchaser as necessary party to the suit and seek for cancellation of the sale deed 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Dear Sir,

First accept my apologies for not giving correct answer. We have only few minutes to under stand your case. You must be not knowing that we are paid Rs.2 to 15 for answering each question. It is just a charity. Further in your case the injunction I thought of not to interfere and you as a defendant. You may raise the issue of violation of injunction order and file an application for disobedience. There is ample documentary evidence in your favor. The courts now has to dispose within a time frame as per following circulars issued by several high court. Whether contents of such circular implemented by any court. Whether any advocate or client challenged such lapse on the part of courts. There are so many things to debate.

================================================================================

You have to rely upon various circulars which says it should be closed within 12 months. You can move an application before the same court as per following circular or approach the High Court for time bound disposal

Karnataka Case Flow Management Rules

SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.

It divides cases into four tracks. 

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.

Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights. 

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier. 

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

You are eligible for the mesne profits in the same.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1) there is no harm in taking out application for mesne profits 

 

2) request court not to grant adjournments as 5 years have passed and till date only summons have been issued 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See firstly the contempt petition shall be taken separately by the court.

Secondly you can file a petition before high court to expedite your suit as there is unnecessary delay in same.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

You may have to change your lawyer because he is not acting on your interest.

You're entitled for mense profits towards your share proportionately.

You may think about it and decide.

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer