delay in partition suit

Hello Mr.Mohan!

in all the suits,service of notices will take from six months to eight months.court notice,private notice and paper publication.

when the legal heirs are not appearing,they will be set exparte.After prooving the ownership of the property,you will be entitled to enter.If you asked for share in the mesne profits(i.e)share in the income,you have to wait till the disposal of the case.You can get the stay order for not to alienate the property to anybody,presuming the defendent being a owner of the property,he couldnot be stopped from his enjoyment.It may be a procedural delay.Hope the good thing

Sir, Mohan patil ji, I also interested in partition suit, let me know what is court fees in this regard. What is the value you have shown in your partition suit of properties and what amount of fees have you paid.

thanks, with regard.

I have also filed partition suit against my elder brother.  He is occupying 70% of the house and my mother posseses 30% of the house.  One year has lapsed the case has progressed from Notice to Reply to Replication.  In the meantime my application for permanent injuction for stopping my elder brother from further construction of the house during the pendency of partition suit has reached from Notice to Reply to Consideration only.  Mohan Sir, I would like to tell you the stages of the cases, which are as under:-

(a)  Plaintiff(s) files the partition suit / or any other suit - First Stage

(b)  Notice / Summons are issued by the Court to Respondent (s)

(c)  Writen Reply to suit is filed by the Respondent (s)

(d)  Replication (reply to written statement of Respondent (s), if required is filed by the Plaintiff (s)

(e)  Issues are Framed by the Court

(f)   Evidence is taken by the Court

(g)  Arguments / Consideration by the Court

(h)  Final decision / order by the Court

You please ask your advocate where your case stands or you can see in the Cause List on next date of hearing under which heading your case is listed i.e. under Notice / Reply / Evidence / Arguments / Consideration etc or you can ask the court clerk.

If your is not faithful or not performing well, give a written complaint in the concerned Bar Council.

Jago Grahak, Jago

I have also filed partition suit against my elder brother.  He is occupying 70% of the house and my mother posseses 30% of the house.  One year has lapsed the case has progressed from Notice to Reply to Replication.  In the meantime my application for permanent injuction for stopping my elder brother from further construction of the house during the pendency of partition suit has reached from Notice to Reply to Consideration only.  Mohan Sir, I would like to tell you the stages of the cases, which are as under:-

(a)  Plaintiff(s) files the partition suit / or any other suit - First Stage

(b)  Notice / Summons are issued by the Court to Respondent (s)

(c)  Writen Reply to suit is filed by the Respondent (s)

(d)  Replication (reply to written statement of Respondent (s), if required is filed by the Plaintiff (s)

(e)  Issues are Framed by the Court

(f)   Evidence is taken by the Court

(g)  Arguments / Consideration by the Court

(h)  Final decision / order by the Court

You please ask your advocate where your case stands or you can see in the Cause List on next date of hearing under which heading your case is listed i.e. under Notice / Reply / Evidence / Arguments / Consideration etc or you can ask the court clerk.

If your advocate is not faithful or not performing well, give a written complaint in the concerned Bar Council.

Jago Grahak, Jago!!!!!

Sir, Paramjeet kang, please reply my question.

Thanks in advance.

Dear Mr. Madhu,

Do not simply pay what an advocate asks his fees. 

It is open market and client has the right to negotiate.  Consult four - five adovacates on fee front. 

So, negotiate!  I am sure if an advocate asks Rs. 20,000/- for litigating a partition suit, he will certainly settle for Rs. 10,000/- to 12,000/-.  Advocates always ask double of the reasonable fees, but settle for half of the amount on negotiations.

Jaago Grahak Jaago!

Paramjit Kang