No new application of temporary injunction can be filed after even amendment of the plaint also. 

You need to file appeal from order before the higher court.

You can make application for amendment of plaint 

2) if allowed file application seeking injunction 

Against rejection of stay application, only revision or appeal will lie. File appeal and amendment simultaneously, keep the appeal pending till amendment allowed than in appeal can argue on amended facts for grant of stay. , 

You can amemd the plaint and on basis of fresh facts on record pray for injunction if not granted then you can go for appeal

You have already challenged the sale deed cum development agreement between the builder and your sister's brother by which he sought to sell your share too

Since the above sale deed is already challenged, there is no need to amend the plaint to bring on record subsequent sale deeds 

If the sale deed with builder as challenged in your suit is declared by the court to be invalid and void then naturally all subsequent sale deeds will also be invalid

If your partition suit is decreed then you can have that decree executed in execution proceedings

This means you can claim separate possession of your divided share in the plot. Since the building by then would already be constructed and flats therein be sold, you can at that time make the municipal corporation, the society and its members as parties in execution proceedings for the purpose of getting possession of your divided share in the land pursuant to the decree

Even If you amend the plaint, that would not necessarily mean that you get a fresh cause of action for seeking temporary injunction 

For seeking any interim relief, there are 3 essentials - prime facile case, balance of convenience and irreparable injury to the plaintiff if interim relief is refused. Only if these conditions are present, would you get a cause of action for seeking interim relief. So it has got nothing to do with amendment of the plaint 

If your advocate made errors then discharge him and appoint a new lawyer instead of maligning the advocate on online platforms like these

Yes you can file fresh application for temporary injunction after amendment of plaint.

1. At the pre-trial stage the court is more liberal in allowing amendment.

2. No error can be attributed to advocate in the application for amendment as all acts done by the advocate are for all intents and purposes the acts of the plaintiff himself. So this cannot be the ground for amendment.

3. Further, an amendment which seeks to alter the basis character of the suit cannot be allowed. It also has to be shown by the plaintiff that despite due diligence he could not have incorporated these facts at the time of filing of suit.

4. A fresh application for temporary injunction cannot be filed unless amendment is allowed and new facts allowed to be incorporated.

1. Yes, the amendment is likely to be allowed and after the amendment if allowed you can apply for fresh injunction in respect of amended schedule of property.

2. However to avoid complications in respect of injunction it is better that you withdraw the present injunction, if already filed but no order is passed therein. 

The application for temporary injunction was rejected. The Appellate Court accepted plaintiffs' evidence showing that plaintiffs were in possession of the suit site, was in possession of the suit site since beginning. 

If you feel aggrieved by the dismissal of the petition filed for temporatry injunction you may take up a revision of the same before high court.

Filing an amendment petition shall be for genuine amendments and not for filling up lacuna.

For fresh cause of action, if there is a need, then you  may file an application seeking temporary injunction.

File application for passing judgment forthwith on those parts of your claim which have been specifically admitted by defendants

Once a plea is admitted then the plaintiff is entitled to judgment on it and is not required to prove the same in his evidence

You are entitled to preliminary decree for 50 per cent share in property 

2) not necessary all defendants should admit your  share 

3) you would not get decree on admission 

4) 

preliminary decree is one which declares the rights and


 liabilities of the parties leaving the actual result to be worked out in

 further proceedings. Then, as a result of the further inquiries conducted

 pursuant to the preliminary decree the rights of the parties are finally

 determined and a decree is passed in accordance with such determination,

 which is, the final decree

1.  These are not sufficient to obtain preliminary decree in your favor, you may have to see the pleadings what you have made and present your argument to convince court to pass an order as prayed for by you and in your favor.

2. You don't worry about the admission of the defendants in respect of your share in the property, you concentrate on your case and not on the defendant's case or their defence, you may not travel beyond your claim, let the defendants fight their case standing from their own platform.

3. The admission or statements by the defendants in your favor may be a situation advantage to you while the court decides about passing a pre-decree.

4. You have to present your case in such a manner that convinces the court of your claim for partition by producing the documentary evidences which are substantial in nature.

1. See the court after recording evidence and arguments based on there admission shall pass preliminary decree in your favor.

2. See court will go through complete evidence documentary and oral on record there admission as to 100 percent is not required.

3. See you will get relief as prayed in plaint after considering complete record.

4. See if the defendants had admitted in your favour and also there are evidence to support your right then court grants decree in your favour. The court check right is there or not. 

At the time of interim order, court cannot decide if plaintiff eligible for monetary relief or possession. If court finds, you have share in property, than partition will order and sale deed will declare illegal. 

In partition suit, first preliminary only pass to decide if party have share in disputed assets and than only court  decides partition on metes and bound. 

Than your contest is limited to 1% only rest part is already admitted. Prove your share in property,

Such observation can be assail in appeal or revision.  In partition suit, preliminary decree is indispensable, without passing it court cannot proceed with partition.

File application in court to pass judgement on admission at least to respondents who agreed your share.

Your query has already been replied to 

you would get preliminary decree 

all defendants need not admit your share to get decree 

1. See the court after recording evidence and arguments based on there admission may pass preliminary decree in your favor.

2. See court will go through complete evidence documentary and oral on record there admission as to 100 percent is not required.

3. See you will get relief as prayed in plaint after considering complete record.

4. See if the defendants had admitted in your favour and also there are evidence to support your right then court grants decree in your favour. The court check right is there or not. 

if there is dispute with your friend your remdy is to invoke arbitration clause for resolution of disputes 

2) if there is no arbitration clause file suit seek court orders restraining your partner from taking unilateral decisions without your consent 

See you based on both the documents can file a suit against your friend and can make legal heirs party too to the suit.

Can file for individual rights.

1.  Whether the court will pass a decree in your favor admitting your share in the proeprty in the pre-decree will depend on how you prove and present your arguments based on the documentary evidences and merits in your case convincing the court, just becasue the defendants having admitted that you have share  in the proeprty in the applications filed by you or in the written statement will not enable the court to arrive at a conclusion as desired, it becomes your duty to highlight all such favorable events in your arguments before court while presenting your final argument during the hearing for preliminary decree.

2. It is not necessary for even a single defendant to admit the fact that you are entitled to 50%  share in the proeprty, it is after all your case, hence it becomes your duty to prove and establish your entitlement for the demanded share in the property, convincingly before the court.

You may have to rely upon your own case and not on the defendant's statements.

3. Read the above answer before hastily arriving at any conclusion.

4. You prove your case by explaining the court that how you are entitled to the demanded 50% share in the property, add the supporting documents and also present your arguments in a convincing manner so that the court understands your genuineness and may grant you a favorable judgment.

What is your case, you have to concentrate on your case alone, you do not have to vouch for other legal heirs who are not in your side in this partition suit.

The friend who you refer here is a developer and has obtained POA deed in his favor for selling the property developed on behalf of his client/owner.

The developer has nothing to with your partition suit, he is not a person who will undertake to give your share in the property, he is an outsider to the proeprty, he may be a developer to the other legal heirs who have entrusted the development or promotion of the property, but that will not entitle him to meddle with or interfere in your entitlement of your legitimate share in the property.

Hence you may ignore him.

The said agreement should be legal in terms of stamp duty registration if any. It will be seen by arbitrator. It should be legal as per Indian community contract Act

Arbitrator would pass judgments based on terms and conditions of agreement and also consider legality of agreement 

16. Competence of arbitral tribunal to rule on its jurisdiction.—(1) The arbitral tribunal may rule on its own jurisdiction, including ruling on any objections with respect to the existence or validity of the arbitration agreement, and for that purpose,—
(a) an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract; and
(b) a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.”

See the arbitrator shall decide based on the agreement and wont go on legality of the agreement if there is no dispute on same .

See you should incorporate all condition in agreement along with the partnership agreement should be amended accordingly. 

If no provision how to appoint arbitrator or failed to appoint arbitrator mutually than have to file application in high court to appoint arbitrator (Expansive).

Arbitration clause is valid, no impact on agreement. And invalid Arbitration clause dose not nullify agreement.

The arbitrator may not entertain any agreement which is void as per the Indian contract act or which is contrary to the laws even though the terms and conditions were agreed by the partners if they are enforceable in law.

However in general, the arbitrator may not go into the depth of any other aspect beyond the agreed T & C. 

The court will look into the matter of appeal alone, where the aggrieved appellant has expressed his grievances, to find out if his appeal is maintainable or not.

If you fear that the terms and conditions may not be in accordance with the prevailing law of the land and it may be termed as null and void then you may draft a terms and conditions which is enforceable in law and is not suffering from any legal infirmity.

Your father should have lodged a criminal complaint at that time itself when this incident took place.

Any case filed at this stage or in future may not be effective nor it will be entertained by police.

However you may wait until your divorce case is disposed and then think about lodging the proposed criminal complaint  if you are still vigorous about it at that time

Yes he can file under senior citizens Act

Don’t file any case after divorce 

the consent terms are binding upon parties and would contain a clause that both parties or family members cannot file any case 

after divorce you or your family members cannot file any cases against wife family 

See father can file a case of intimidation the period of limitation applicable in this case shall be 3 years.

But in my view if you are peacefully getting divorCe then instigating this issue from your side may lead to further cases.

What the need to file cases except civil recovery, close the matter once for ever.