civil case

Dear Sir, 

There is no formula to calculate the time that will be taken for a suit to get over as everything will depend on facts and cicumstances not only of the case but generally. For example COVID-19 has also added to the time taken in disposal of cases especially in district courts. There are other factors such as number of witnesses of the plaintiff, number of witnesses of defendants etc etc. 

With regard to Defendant enjoying the property, I hope you have included claim for mesne profits in your suit. If you have not, then amend your plaint to include it. 

Regards

Shubham Bhardwaj (Advocate)

District & Session Court, Chandigarh

Punjab & Haryana High Court, at Chandigarh

Disclaimer:- Opinion is only for guidance. 

Congratulations, the process was quick in your case, whereas there are cases even issues are not framed even after 5 years in many courts.  If you can get a judgment within 10 years, consider yourself as most fortunate.  It all depends on the Judges and efficiency of your advocate.  If both are interested in you, they can entust to Advocate Commissioner and can order for completion of recording of evidence within a month and within a month from date of receipt, they can hand over a certified copy of the judgment.

Have you included the relief of getting mesne profits? Now that the matter is in trial stage, final hearing could be expedited.

Greetings!

• A partition suit is a process by which property gets divided into separate portions.
• Any co-owner can file for partition suit even if other co-owners are not in consensus.
• Each co-owner gets a share as per his/her legal entitlement.
• Post division, every portion gets a new title, and each ‘owner’ gives up his share in the other portions.
• After completion of the partition suit process, there would be complete control of each co-owner on his share in the property.
• It restrains interference by anybody else in one’s own share.
• In order to bear the loss during the time where the other party enjoyed the property, it can be added by way of a claim for mesne profits in your suit and further reliefs.

Regards,

Kawmini Liyanage.