LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

VAIDHA “PHANNI”   23 June 2025

Partation suit & rfa

There is a legal issue in our maternal family of 2 sons &5 daughters, I am maternal grandson.

Two RFA( Regular First Appeal)are running in the High Court.

I st RFA against the partition of my grandfather's Agriculture land to be distributed among his  2 sons and 5 daughters after his death.

II nd RFA two of the legal heirs of grandfather daughter sons have filled RFA for total partition of our grandfather and 2 of his sons property among the 7 family members .( the 2 sons property were legally obtained by them from a family partation executed by my grandfather 40 years ago.    But  my self and few other legal heirs am not interested in pursuing the II RFA case due to high legal expenses and also sentiment towards our maternal uncle property.

Is there any legal provision so we can continue as legal represtative in I RFA which is legally valid and withdraw ourself form II RFA . Pls Advise.

 



 5 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     23 June 2025

Is the property ancestral or self-acquired by your grandfather? You stated that your grandfather's two sons legally obtained the property by a partition deed executed by your grandfather. Who are the parties in the partition deed?

T. Kalaiselvan, Advocate (Advocate)     24 June 2025

 party can withdraw from one appeal while continuing with another in a civil regular first appeal. This is permissible as long as the appeals are distinct and arise from separate causes of action or issues, even if they are between the same parties. The withdrawal from one appeal does not automatically impact the other appeal, which can proceed independently

If the two appeals stem from separate issues or causes of action within the same case or from different suits, they are considered distinct legal proceedings. 

A party can choose to withdraw from one of these appeals, either before or after the appellee's brief is filed, depending on the court rules and discretion. 

While withdrawal is generally allowed, the court has discretion in granting or denying withdrawal, especially if it's after the appellee's brief has been filed. 

VAIDHA “PHANNI”   24 June 2025

Thanks, For guiding us ,Will discuss with other LR to take up positive approach to the case . 

T. Kalaiselvan, Advocate (Advocate)     24 June 2025

You are welcome for your appreciations and understanding

Dr. J C Vashista (Advocate )     25 June 2025

Very well analysed, opined and advised by learned senior expert Mr. T Kalaiselvan, which I concur and appreciate.

Did you attempt for an amicable settlement of issues ? If you can succeed in mutual settlement it would be an appreciating effort on the part of close / blood relatives and their generations.

1 Like

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register