Tresspassing property having injuction order

Querist : Anonymous (Querist) 11 February 2011 This query is : Resolved
Hi am fro Delhi and this property is in Kerala where my parents live. Father ex-army and mother house wife.

We have gained an temporary injuction order from the Munsif Court, against our neigbours ( 7 neigbours) for not tress passing our property till any further order from the court. The Court had sent the summons to all the seven and they have duly accepted the same. After accepting the summons also, they have tress passed our property many times. Since my ailing parents have no one to support there locally, I went there on February 1st week and lodged a complaint against these neigbours. The police told them to come to the police station and in front of us they told them that this is a court order and you have to follow the same. After signing the statement they left the station and again they started tress passing. I complained several times over phone and personally, there was no response from the police station as they bribed them. I want to raise a wall to stop these tresspassing, but they are not allowing. Police doesnt comes when we call for help. They always advise us to comprise. My lawyer says to raise the wall which i cant do without the support of Police.

my doubts are

1. can i prosecute the neighbours for tresspassing the property.
2. How can i prove it in the court that they have tresspassed.
3. where i have to complain for the non action of police.
4. i beleive that i can raise the wall legally as the court itself says not to enter my land. is that so?

Follow Query

Report Abuse

M.Sheik Mohammed Ali (Expert) 11 February 2011
you can approach the police higher officer level,and made a complaint of you aforesaid reason, and then your local jurisdiction judge make a petition on basis on tress pass and not taken police complaint

barun deka (Expert) 12 February 2011
approach the munsiff court which passed the injunction order. file a misc. case under order 39 rule 2A of the CPC for violation of the injunction order. also file a petition under under S151 of the CPC seeking police protection. Adduce proper evidence regarding such violation. Remember violation of injunction under order 39 rule 2A is at par with criminal prosecution.

Querist : Anonymous (Querist) 18 May 2011
My neighbours created a way in my property yesterday forcibly. I dont know what to do? I have got a lazy lethargic lawyer. Can anyone suggest any good lawyer in Kerala. Can i file 39 rule 2a of the CPC from Delhi. Please please help.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now