Litigation Consultant for Legal Strategy Review

Job ID: 40332496

Budget: ₹600 – ₹3,500 INR

PROJECT TITLE: Legal Strategy Review – Partition Suit (West Bengal) – Injunction & Amendment

Note: Partition suit and permanent injunction filed in 2023.

CASE SYNOPSIS (ATTACHED SEPARATELY)

Briefly:

Hindu family property (residential + ground floor with multiple commercial shops)
Father died in 2016 → heirs include mother (85 yrs) + children
4 brothers: 3 together (through Defendant) vs Plaintiff alone (all residing)
Suit filed in 2023 for partition + injunction
Earlier injunction: ex parte ad-interim refused (no urgency), still pending

2026 Events:

Bus union tenant vacated one shop → possession vacuum
Defendant padlocked shop without consent
Terrace access blocked + gradual control over parts
Police complaint + 144 CrPC order passed

Schedule:

Boundaries incomplete → will be completed via amendment
No separate Schedule B (shop is part of suit property)

WHAT I NEED (IMPORTANT)

Please read the case synopsis and answer:

Is my strategy legally correct?
Any risks / better approach?
Whether fresh injunction is maintainable (given refusal + pending earlier IA)?

MY PROPOSED STRATEGY (TO BE REVIEWED)

Filing together:

Advancement of hearing
Fresh injunction (Order 39 Rule 1 & 2 r/w 151 CPC)
Commissioner (Order 39 Rule 7)
Police assistance (if granted)
Amendment (Order 6 Rule 17 – complete boundaries only, no new schedule)

KEY PRACTICAL RELIEFS (FOCUS)

Freeze / seal shop (blocking residential passage)
Restore terrace access (roof leakage issue)
Remove / restrict unauthorized persons from common passage

RESPONSE FORMAT

You may respond via:

Written answer (preferred)
Chat
Short call (if allowed on platform)

Language preference:

Phone: Hindi preferred (English also fine)
Chat/Written: English

Note: This is for strategy review only, not drafting at this stage.

End of Requirement