Withdraw petition

Amit (Querist) 03 March 2015 This query is : Resolved
Hi,

I have DVC against me. A residence order was given by the magistrate and issue went all the way to HC. HC gave an order for residence to my wife in my house. Now the wife occupied the whole house. We went to magistrate again to give only one portion of the house to her.
Magistrate is taking too long to decide the matter due to various reasons. Can I now file in HC only asking them to alter the order to give only one portion of the house?
How should I do that? Should I withdraw my petition in the lower court?

Thanks

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R.K Nanda (Expert) 03 March 2015
file petition in HC without withdrawing lower court case.

ajay sethi (Expert) 03 March 2015
wait for orders to be passed by magistrate in your application for modification of order . petition in HC wont be maintainable unless you with draw the application for modification of order

Amit (Querist) 03 March 2015
Nanda and Ajay gave contradictory statements if I understood them correctly.

So am I supposed to withdraw in the lower court or not? I don't wish to wait for magistrate to decide since that'll take too long and I am not hopeful of positive outcome.