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interim relief in a suit for the possession of immovable property and mesne profits

smilingadvocate (Expert) 04 January 2009
Mr.Prabhakar first of all first the possession of your brother must be proved as illegal and then only you will be entitled for any interim or final relief of mesne profits and to know whether the possession is illegal or not the trial has to complete and decide that the possession is illegal then only the question of mesne profits would arise.
coming to the payment ofelectircity water, and housing society and other maintenenace charges you can ask the society and the electicity and water department disconnect the amenities if they are separate or you can ask the court to give direction to the defendent to pay the amounts without prejudice to your rights.
PALNITKAR V.V. (Expert) 04 January 2009
Mr. Prabhakar you will not get any interim relief as opined by Smilingadvocate. About electricity and other outgoings also you may stop paying them and inform the concerned authorities not to give new connection to the defendant without your permission.But I think it is better that you continue paying society outgoings.
RAKHI BUDHIRAJA ADVOCATE (Expert) 05 January 2009
first of all the possession of your brother must be proved as illegal and then only you will be entitled for any interim or final relief of mesne profits and to know whether the possession is illegal or not the trial has to complete and decide that the possession is illegal then only the question of mesne profits would arise.Alongwith this you continue paying society outgoings.For more querries & help u can contact me at: rakhibudhiraja@gmail.com
Mb-9711364956
Off.-Budhiraja @ Associates
Legal Advisors & Solicitors
DELHI HIGH COURT
Off-253, Aggarwal Shopping Complex,
CD-Block, Pitampura,
Delhi-110088


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