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Trespass during pending case

(Querist) 21 January 2016 This query is : Resolved 
Hello, I need some clarification on recovery of trespass. There is a case pending in front of the court. Other side have encroached some of the portion by means of trespass and the same have been confirmed by the court appointed advocate commissioner. Do I need to go for recovery of encroached portion? Please clarify.
Adv. Yogen Kakade (Expert) 22 January 2016
You can certainly recover the portion encroached with the act of trespass.. It's a criminal offence.
dev kapoor (Expert) 22 January 2016
Hi Selva
Your qn is incomplete.incomplete. Plz tell what kind of case is pending before court and what is the stage of proceedings so that you may be comprehensive advice e.g your suit is for PPI and during pendency of your suit defendant has encroached part of suit land,you simply amend your suit by seeking permission from court adding relief of restoration of possession or else furnish details.....
Rajendra K Goyal (Expert) 22 January 2016
Discuss with your lawyer who is well aware of full case file.
K.S.Srinivas (Expert) 31 January 2016
Find out from your advocate.


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