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Criminal or Civil Matter ?

Querist : Anonymous (Querist) 09 March 2011 This query is : Resolved 
We have two flats belonging to our late father who died intestate in 1996. We are 5 brothers and entered in to Family Agreement to resolve the dispute in 2007. In which it is mentioned that while one flat is occupied by family of brother "X" now expired the other flat is jointly occupied by family of two brothers "X" & "Y". I have obtained an order in 2009 under "Consent Terms" for disposal of flats at best market rates and distribution of sale proceeds as per agreed share. I am in the the process of filing a Execution Petition for disposal of flats. However in the mean time "Y" has broken in to the room in possesion of "X" and has thrown the belongings of "X" in to open ground and police is not registering the FIR saying it is a civil matter. Pl. advice if police is right in their action so that 'X" can take appropriate legal action.
Dayananda Gowda (Expert) 09 March 2011
On the basis of your complaint, it is the duty of police to file a FIR. They are not denying since the matter in civil nature. If they are not filed FIR you may file Private complaint i.e., PCR in court
Dayananda Gowda (Expert) 09 March 2011
On the basis of your complaint, it is the duty of police to file a FIR. They are not denying since the matter in civil nature. If they are not filed FIR you may file Private complaint i.e., PCR in court
Dayananda Gowda (Expert) 09 March 2011
On the basis of your complaint, it is the duty of police to file a FIR. They are not denying since the matter in civil nature. If they are not filed FIR you may file Private complaint i.e., PCR in court
Uma parameswaran (Expert) 09 March 2011
You can file private complaint and for civil remedy ,you can file petition in the pending suit.


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