I am helpless, as henchmen trespass once in 3 days. though cases pending, police refusing to interfe
Vijaishankar M
(Querist) 03 May 2015
This query is : Resolved
My undivided ancestral property inherited from paternal grand father located in Kerala belonged to me and my sister has been trespassed by a third person based on a forged WILL . WE the legal heirs claimed injunction & it was granted and suit is pending.
Police refused to file FIR for his trespass and forgery .Police asked us to get high Court direction ro filr FIR. So case pending in high Court.
But now before 3 days, the old tresspassers went out and kept some new unknown persons inside my premises. Now what to do for this immediate changing circumstances as unidentified persons are in illegal occupation of my premises. Pls suggest me remedy immediately what I must do
Devajyoti Barman
(Expert) 03 May 2015
You can file an application u/s 156(3) crpc. What is the nature of cse pending in high court?
You can mention the high court for hearing on the ground of this urgency.
Rajendra K Goyal
(Expert) 03 May 2015
If police does not lodge complaint against trespassers, file direct complaint before the magistrate.
Vijaishankar M
(Querist) 03 May 2015
Sir, already private complaint u/s.200 crpc filed and it was dismissed by the magistrate as I could not produce witness.
And the case pending before high Court is writ petition , praying for a direction to file FIR agisnt the illegal trespassers.
Raj Kumar Makkad
(Expert) 04 May 2015
You shall have to make arrangement of tit for tat in addition to the legal recourse you are already taking. The process of law is so slow that one has to adopt similar measures to maintain its possession over the property in addition to the legal way.
