Partition case of agricultural land filed how to stop activity on land
09-Jan-2023 (In Property Law)
we filed a partition case of total land with my brother, but i am not in possession of any land and my brother is doing all agricultural activity, though status quo issued on total land. I want know how to stop agricultural activity on this entire land till the case is not final.
First u say what is the status co order and have u face any problems and any obstacles from your brother,because you not mention what is your order and what is your problem with your brother,so I am confuse .please properly mention then I suggest you.
You Say "We filed Partition case"
Is the partition case filed jointly or you have filed and your brother is the contesting party ?
If filed jointly, then the portion of land shown in the Partition suit in your name, is your land and Status Quo means, you are in possession of the same and you can enjoy it.
But as you say Status Quo order is passed, then it seems you have filed the suit.
Without knowing the details, it will not be wise to advise.
Is the partition case filed jointly or you have filed and your brother is the contesting party ?
If filed jointly, then the portion of land shown in the Partition suit in your name, is your land and Status Quo means, you are in possession of the same and you can enjoy it.
But as you say Status Quo order is passed, then it seems you have filed the suit.
Without knowing the details, it will not be wise to advise.
If there is an injunction order passed under Order 39 Rule 1 & 2 of the CPC by virtue of which there is a stay/status quo on the total land, any activity undertaken pursuant to operation of such status quo order amounts to civil contempt for which the appropriate remedy is to file a contempt application under Order 39 Rule 2A with a prayer to attach the property of the contemnor or commit him to imprisonment, provided you are able to establish wilful disobedience on part of the contemnor.
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