Portion suit
4 years ago
In the year 2018 I have filled a case of partition in our property as my brothers don't agree to divide the property equally
We are 4 brothers I had got only 1 room and my brothers have each 2 rooms and each has their own retail shop and they do their business too . The Electric meter is under them in my meter some has occurred but they don't allow me to check with or without mechanic . They also don't give space to go outside through our land and also don't give me space to do any kind of business. kindly help me
Gurman Chahal
Responded 4 years ago
A.To be direct, your lawyer is not doing a great job if you are informing him about the acts of not letting you access the electric meter and not allowing you to have a thorough way.
Please ask your lawyer to file an application in the court to allow you to access your electricity meter to get it repaired and restrain the other party from creating any hindrance during the process and if the way is common to restrain the other party from hindering you to access of the way.
Please ask your lawyer to file an application in the court to allow you to access your electricity meter to get it repaired and restrain the other party from creating any hindrance during the process and if the way is common to restrain the other party from hindering you to access of the way.
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A.Hi
Since the partition suit is already filed, it is presumed that you had prayed for equal distribution of properties amongst the 4 brothers and division of property by metes and bounds.
In case after filing of partition suit, your brothers are causing trouble and not granting access to electric meter etc, please ask your lawyer to file Interlocutary application (I.A) for injunction under Order 39 CPC against your brother.
It also appears that you do not have right of use of pathway and also space for your livelihood. Ask your lawyer to press for preliminary decree against your brothers.
No worries
Since the partition suit is already filed, it is presumed that you had prayed for equal distribution of properties amongst the 4 brothers and division of property by metes and bounds.
In case after filing of partition suit, your brothers are causing trouble and not granting access to electric meter etc, please ask your lawyer to file Interlocutary application (I.A) for injunction under Order 39 CPC against your brother.
It also appears that you do not have right of use of pathway and also space for your livelihood. Ask your lawyer to press for preliminary decree against your brothers.
No worries
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A.Dear Sir,
You must get the judgment soon and not the High Court issued circulars to dispose the cases within time limit and the maximum is 24 months. You can ask your advocate to pressurize the court to give judgment on the basis of following circular. Please give me Rank 5 if you feel my answers also helped you
=====================================================
Karnataka Case Flow Management Rules
http://www.judicialreforms.in/forums/showthread.php?tid=63
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.
http://www.judicialreforms.in/forums/showthread.php?tid=63
You must get the judgment soon and not the High Court issued circulars to dispose the cases within time limit and the maximum is 24 months. You can ask your advocate to pressurize the court to give judgment on the basis of following circular. Please give me Rank 5 if you feel my answers also helped you
=====================================================
Karnataka Case Flow Management Rules
http://www.judicialreforms.in/forums/showthread.php?tid=63
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.
http://www.judicialreforms.in/forums/showthread.php?tid=63
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Ayantika Mondal @ Prime Legal
Responded 4 years ago
A.Hi,
If you have already filed the partition suits, wait for the verdict.
Further, file the necessary application to get permission for access to essential/s.
If you have already filed the partition suits, wait for the verdict.
Further, file the necessary application to get permission for access to essential/s.
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