Injunction

Querist : Anonymous (Querist) 16 May 2010 This query is : Resolved
Respected experts,
After obtaining manipulated one sided demarcation report, the son of the vendor (who sold the land 40yrs back)is taking illegal possession of my land with the help of naxal groups. He belongs to the schedule caste. Actually some semi educated revenue staffs have misguided him, by telling that u have some land remained in the said plot, but the fact is that same portion of his land had been acquired by the govt. for school some 55yrs back. School too is admitting this fact but they are adamant and not believing this fact they are mistaking my land as his own since it is shown in trace map of demarcation report. I approached to police they are telling that neither I know u nor you land nor I recognize your sale deed, come with your head broken then only I came to know that land is yours. The son of the vendor who is schedule caste is waiting to file a criminal case under sc/st act against me. He is encroaching my land and I have reduced to mute spectator. Police and administration is not helping me. In this condition can I get Urgent stay order/ Injunction from any civil court?
Plz. suggest. Thanks to all.

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adv. rajeev ( rajoo ) (Expert) 16 May 2010
immediately File a suit for declaration and injunction and take interrium order. You also take a contention that defendant is threatening that he would file sc/st case.

Kiran Kumar (Expert) 16 May 2010
i agree with Rajeev that suit for declaration shall be filed further prayer shall be made to restrain the defendant from removing you forcibly except in due course of law.

file the suit as soon as possible, the pendency of civil litigation will provide you with a bit of protection in case any frivolous criminal litigation is initiated by the other party.

G. ARAVINTHAN (Expert) 16 May 2010
Rajeev Sir is right.

File an application for appointing advocate commissioner to visit the property along with a surveyor. file an application for demarcation also

Uma parameswaran (Expert) 16 May 2010
You can also give an application for demarcate your property.If the authorities reluctant to do ,file a writ petition before High Court.

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