Mohan Patil (Research) 14 September 2012
Can the person who has filed partition suit withdraw the case? If yes then at what stage? After the court decree it is necessary to submit the decree to Tahashildar office but is it possible to keep those decree away and all the legal heirs mutually divide the property and register that and submit it to tahashildar's office.
Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 14 September 2012
No, when the court orders partition (after preliminary decree itself) by which severance of status takes place, and parties are no longer joint. Hence after this since the coparcenory already stands disintegrated there is no scope of a different arrangment, unless offcourse the parties get together again form an HUF and then get away.
It may be possible to conceal the court decree, but that amounts to concealment under law.
Bharat Chugh
*Advocate Supreme Court of India
adv. rajeev ( rajoo ) (practicing advocate) 14 September 2012
At any stage he can with draw the suit, You can submit the decree before the Tahasildar to get enter your name to the property. Partition suit decrees three times. Ist Decree, 2nd Final decree Proceedings and 3rd Execution.
You cannot keep the decree aside.
helpme (Enggr) 08 October 2012
Dear sir,I had Partition suit with my cousins the Final decree Proceedings have been done thru Revenue authorities and Court commissioner.Now we are filing EP for Posession.The Prelimnary decree was passed on Jul2009 and final decree on 31Aug2012.I just want to know whether do the opposit party ,still has option to file APPEAL in the higher court(Dist).What is the cutoff limit for the same?They have so far not filed any appeal.Pls reply.Than k you
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