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How to withdraw property case
10-Feb-2023 (In Property Law)
What are the procedures to withdraw a property case ?
Property case means suit or any other means of property case? If suit related to partition or title suit? If any of the suit is panding before court you may file a petition for withdrawal must submit the cause of withdrawal.
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Adv. Niraj Kumar Sethi
Cuttack | 25+ Answers
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Procedure to withdraw a property case is as simple as filing an Memo/Affidavit before the Court in which the case is pending, stating that you want to withdraw the case filed by you by mentioning the terms of settlement if any.
If the case is against you, then you cannot withdraw the case.
If the case is against you, then you cannot withdraw the case.
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Adv. Ramesh Agarwal
Cuttack | 100+ Answers
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Since your query is not specific, there might be two situations possible.
In the event both the parties have arrived at a compromise and one of them is willing to withdraw the case, then such party has to file an advance hearing of the case along with a joint memo of compromise for the purpose of such terms of compromise forming part of the compromise decree to be ultimately passed by the court.
In the second situation, if the plaintiff/the person who has filed the suit either wants to withdraw the suit or abandon part of his claim, he can file a memo of withdrawal under order 23 rule 1 CPC.
In the event both the parties have arrived at a compromise and one of them is willing to withdraw the case, then such party has to file an advance hearing of the case along with a joint memo of compromise for the purpose of such terms of compromise forming part of the compromise decree to be ultimately passed by the court.
In the second situation, if the plaintiff/the person who has filed the suit either wants to withdraw the suit or abandon part of his claim, he can file a memo of withdrawal under order 23 rule 1 CPC.
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Adv. Sandipan Mohanty
Bhubaneswar | 100+ Answers
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