Defendant no 3 has stated that want to file objections
you have not filed any sketch of 1000 square yard plot nor mentioned the boundaries of plot
court has not passed any orders regarding 1000 square yard plot but only taken it on record
Status Quo
I have the "STATUS QUO" from 2010 on 3500 Sq.yds. With these, I have a settlement of 1000 sq.yd from 3500 sq.yd. As per understanding i submitted Memo. Memo filed by counsel for Plaintiffs Sri. XXXXX on XX/0/20XX vide SR.No.xxx/1/20XX Dt.xx/0x/20xx informing the Court that the plaintiffs are not pressing the suit in respect of 1000 Sq.Yd out of total extent of 3500 Sq. Yd of plaint schedule property. The Memo states that the plaintiffs entered into Memorandum of Understanding with one XXXX XXXXXX in respect of Plots No.X and X each measuring 500 Sq. Yd and that this 1000 Sq. Yd is part of 3500 Sq. Yd shown in Schedule I which is again part of 3000 Sq.Yd shown in the Schedule. (The Schedule of property is shown as entire property 3500 Sq.Yd in plot No.XXXXXXX, Schedule -I of 3000 Sq.Yd, Schedule -II in of 500 Sq. Yd both showing, as part of plot No.XXXXXX.). Heard counsel for Plaintiffs, counsel for Defendant No.2 and counsel for Defendant No.3 through Webex Personal Room. Counsel for Defendant No.3 submitted that they intend to file objections. As the plaintiffs did not file any Petition Under Order 23 and as counsel for Plaintiffs stated that he want filing of the memo to be recorded, plea to file objections to the memo by Defendant No.3 counsel is recorded. No order is passed in respect of the 1000 Sq.Yd for which the memo is filed by plaintiff as not pressed, as the 1000 Sq. Yd is not defined with boundaries and no sketch is filed. However, filing of memo by plaintiff not pressing the suit for 1000 Sq. Yd in Schedule -I is recorded. For trial and Hearing in IA Under Rule 32. Above this other party wants separate orders for their 2 plots. but my lawyers say not possible bcoz so many reasons telling. My question is that is this is enough for other party or we have to do something else.
Asked 4 years ago in Property Law
Religion: Muslim
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4 Answers
You can go with both option. Also go for separate orders or the present one. Discretion is yours
The defendants have expressed their objections to the memo filed by you.
The court has recorded your memo as well as their objections.
Now the court may post the matter for arguments for and against by both the parties and may pass an order on merits.
If the other party is asking for 2 plots by filing an application especially when you have filed a memo withdrawing the suit, the court may not consider the application filed by the other party and may advise the other party to file a separate suit seeking the desired relief.
However without knowing the details of the case, it may not be advisable to render any further opinion in this regard lest it may be a misguidance.
- The defendant No.3 having his right to fie objection before the court , and hence given time to file the same.
- Since, you have not defined the boundaries and failed to submit sketch of 1000 sq.yards , and further you not undertake the same before the court , then court not passed any order for the same.
