Respected Sir,
'A' has filed a partition suit against me, my brother and sister in respect of a residential property given to me by my father by way of a settlement deed. He acquired the same from his own earnings. I spent substantial amount for its renovation by taking a bank loan. When the case was in progress in the City Civil Court, One fine morning, on a Saturday morning, 'A' took illegal possession of the property by breaking open the locks of the house and the gates. He says that he has been in continuous joint possession since my father's death, which is not true. A complaint was lodged with the Commissioner of Police.
Now 'A' has come forward to withdraw the petition case and opt for a compromise settlement. As I am a senior citizen, I could not afford time and loss of health. Hence I agreed for monetary settlement. In the meanwhile, another 'B' came in with a impleading petition.
Would you please mind clarifying the following
1. what will be the status of the impleading petition of 'B' once 'A' withdraws the petition.
2. should I go for decree under Order 23 amended?
3. how will I safeguard the huge compensation I am required to pay, in the event of the same parties filing a suit again.
4. should the Court Decree be registered with any statutory authority?
5. should I pay the compensation at the time of withdrawal of the case or at the time of receipt of the Court decree..
6. my brother / sister, reportedly has not been sent notices still. Can I execute a compromise settlement in this situation?
Sir, can you mainly tell what important clause should I incorporate in the Memorandum of Compromise to make the drafting fool proof.
Thanking you, in anticipation,
Yours respectfully,
(TMPREMKUMAR)
