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(Guest)

Division suit and family settlement

I filed a division suit in fast track court in rajasthan for property left by my parents without will.The decree was passed.I then filed for final decree and execution.Meanwhile  my elder brother received  power of attorney from all other heirs and I filed application and a family settlement with him duly notarised in this court and asked to withdraw final decree application  and requested court to vacate stay orders on bank accounts and lockers which were got frozen by me during pendency of division sui.

Now the judge is wasting time.She is insisting that final decree should be obtained  and stamp duty be paid which will be retuned by the court in view of family settlement. She says without final decree dhe wont vacate stay orders.

This is very odd. When plaintiff does not want stay orders and carry forward the case why court is insisiting?

 

When I as plaintiff dont want to press matter further and dont want staty orders to continue why court is insistying to get fina decree and prolong the ptocess?

what is actual logical and legal procedure.

 

Lot of harassment and wastage of time is happening.



Learning

 3 Replies


(Guest)

More addition to query:
Even at the time of final decree family settlment is filed complying to pre;liminary decree, do I have to pay court fee? how that is calculated? Is it refubnded by court in view of family settlement

Shantilal Pandya ( Advocate)     09 March 2012

the court fee is due, it is attatched with valuation of suit  and the relief , it has  no relation with the  fate of the suit 

Shantilal Pandya ( Advocate)     09 March 2012

 


 

 

"

the court fee is not refundable if the trial of the suit has commenced by taking evidence 

 


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