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Raymond Dias   22 September 2015

Wicked uncle harassing me

Hi All,

I am a resident of Goa. This is my story. My ancestral house was divided by a partition deed in which there is a imaginary wall (No Wall) dividing the house. My grandparents are both dead. Before this division was made , there was a electricity meter for the main House in my property . After the division this electricity meter is used by my uncle, we have built a separate electricity meter for part of the house. Now the problem here is the electricity meter used by my uncle is on our side. He has not been shifting it after repeated complaints by us to the higher authorities of electricity department and even to police department. He is using  this electricity meter as a means to enter our part of the property, and has been making false police complaints if we interfere with the meter. Though our land is divided , there is no physical wall in the division due to which he is taking advantage. Due to this issue there are often petty fights in the house. We want to end this fight (the physical wall is the only solution for this). He has been causing mental harassment to us for the past 10 years, my father has been complaining to one department and other but no use , they are saying since it's his meter he has to write a letter to shift it. But the bottomline is it is in our property so how can they say it even if it is government property. We have form 1 and 14 which proves it is in our property and our ancestral house is divided into two parts too, but this meter is the problem. One advantage my uncle has his , his daughter is a advocate who keeps on threathening us with false police complaints and spoling my and my brother's career. My uncle has managed to grab land of many people  like this . he has managed to grab land of some Landlord after his death and his trying the same scenario with us. Is court case the only solution for this , he has openly challenged us to do a court case, he is quite experienced with court cases and has many lawyers at this disposal who know how to drag the case , in the meantime he will continue harassing us.

As anyone got a good idea how to go about this. I just want a idea.



Learning

 3 Replies

Vijay   23 September 2015

Meet a very good lawyer , draft a strong writ petition and immediately file in high court and get first immediate interim injunction and then get an order regarding it.

Raymond Dias   23 September 2015

Hi Vijay,

Thanks for your suggestion i really appreciate it. Should i register a case against him in the Lower court or such case should be registered directly in High Court, we recently had won a case against him in the lower court when he complained againt us saying a part of our house is falling in his property, we proved in lower court and won the case , the form 1 and 14 clearly shows his electricity meter is in our property , one of the suggestions our lawyer made in the lower court was to build a partition wall because once it is built , his electricity meter should automatically be shifted, my uncle told the judge that time he will do it 2 years back, but he has gone back on his words, and the electricity meter continues to be on my side and his harassment continues.

Let me know how to go about this.

Thanks

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     23 September 2015

Dear Querist

there is an option, you have to file a civil suit for injunction before the civil court and try to get a restrain order against them and also pray for transfer the meter to his portion of the property.

High court will not entertain your petition.

Feel Free to Call


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