• Partition suit

I filed case in 2016 for parition on of property , gifted by father to me and my brother.
Recently, district court has apponted advocate commissioner for the purpose of cross examination of plaintiff, me. 
Defendant lawyer has approached my lawyer of compromise and the will provide us the compromise plan in a months time. My lawyer has advised that we will try this and if their proposal is not good, we can still proceed with the original case.
My apprehension is the defendant is only playing to delay the case.
My question is
- in case , if the proposal from defendant is not acceptable, what should I do to speed the process
- since we informed advocate commissioner that we will try for compromise , is it binding for us to settle out of court only, even if we are not happy with the compromise formula.
Asked 4 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu

At this stage, it's not binding upon you to arrive at a compromise

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1031 Answers
1 Consultation

4.4 on 5.0

1) it is not binding upon you to settle out of court 

 

2) out of court settlement is best option 

Ajay Sethi
Advocate, Mumbai
65543 Answers
3967 Consultations

5.0 on 5.0

No a compromise deed is not binding at all.  

Kallol Majumdar
Advocate, Kolkata
906 Answers
2 Consultations

5.0 on 5.0

Dear Sir 

It is sheer waste of time. Better to proceed with case. No compromise will arrive. You have guessed the correct thing that it is delaying tactics.

Kishan Dutt Kalaskar
Advocate, Bengaluru www.kishanretiredjudge.com
4250 Answers
108 Consultations

5.0 on 5.0

You can please before court to proceed to further stage and can continue with the suit.

No you can deny and move ahead with the suit.

 

Shubham Jhajharia
Advocate, Ahmedabad
18317 Answers
71 Consultations

5.0 on 5.0

1., The process what you are following it now should be continued if the talks for compromise fails.

2. It is not necessary. You may revert to court if the compromise do not reach any solution.

T Kalaiselvan
Advocate, Vellore
55388 Answers
674 Consultations

5.0 on 5.0

Better settle the dispute out of court.. 

Mohammed Mujeeb
Advocate, Hyderabad
9395 Answers
3 Consultations

4.5 on 5.0

Once it's not acceptable by you then you can proceed towards the original case

Prashant Nayak
Advocate, Mumbai
11738 Answers
18 Consultations

4.8 on 5.0

1.  TILL the "settlement terms" are finalized and filed in court, with mutual consent, it is legally not binding on any of the parties to be bound by any such compromise formula /terms.

2. IF you have strong documentary evidences, THEN avoid any such settlement terms, IF it is not in your interests.

Hemant Agarwal
Advocate, Mumbai
2263 Answers
13 Consultations

5.0 on 5.0

You can continue with the trial and let the court commissioner proceed as per court order, if proposal good than suit will withdraw otherwise will proceed at it`s normal course.

Not binding and even out of court settlement should be recorded in withdrawal order.

Yogendra Singh Rajawat
Advocate, Jaipur
12325 Answers
13 Consultations

4.6 on 5.0

1. one month's time is too long for giving a proposal for compromise

2. why such a long time?

3. you can tell the defendant that you are ready for a settlement but the proposal be given to you within a week's time else the matter will be proceeded

4. whether you settle out of court or by filing consent terms, the process has to be quick, otherwise it looks as if the defendant wants to buy time

5. the trial in your case has already begun, as you have entered the witness box and are due for cross examination. So if defendant really wishes to settle then he must give the proposal soon and not ask you to wait for 1 month

Yusuf Rampurawala
Advocate, Mumbai
4334 Answers
23 Consultations

5.0 on 5.0

  1. There is no boundation on you to settle the matter out of court, and even if you don’t accept the proposal then also it would not affect the proceedings by the advocate/ local commissioner.
  2. And there has been a recent compliance of the provision of law to appoint the commissioner for speedy disposal of the cases.
  3. Whatever be your decision, need not to tell the court about the same with respect to the settlement, only say yes when you actually made up your mind with the settlement conditions.

Sanjay Baniwal
Advocate, South Delhi
4787 Answers
11 Consultations

5.0 on 5.0

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