My brother has filed a partition suit against me, my father and sister. It is a collusive suit where my father and sister support the plaintiff. At the time of filing the suit, there were some unsold agricultural crops on which plaintiff brought injunction from the court. Before the injunction is vacated from the court, my father (defendant 1) and brother (plaintiff) sold portion of crops in collusion and pocketed the amount. After it is noticed, I brought this to the notice of the court along with the proof and some photographs immediately; i.e. about three months ago. Since then court has not taken any action on this contempt of court. In the meanwhile, I have filed a few interim applications which were not taken up at all; or the other defendants or plaintiff have never submitted any objections.
In the meanwhile, court is asking me for appearance again and again every week, or sometimes twice in a week and trying to pressurise me to agree to their terms and magistrate tells he will complete before he gets transferred in the next month and sign a compromise note. Court is pressurising me to partition only a portion of the ancestral assets leaving out another portion of ancestral property which can be partitioned later after the death of the father, or he can assign as per his wishes. Now my advocate is also asking me to agree whatever the court says; otherwise, advocate says he becomes a bad man in the court and he can’t please the court in the future and requesting me not to go for litigation which will take years together. I believe there is a favouritism, collusion and court wants to complete the process in a hurry.
In this context, what are the alternatives available to me at this juncture?
I request the learned people to advise me.
