Reinstating permanent injunction against trespassers

S.R.Venkatraman (Querist) 02 May 2011 This query is : Resolved
I had obtained a permanent injunction in suit relating to my vacant land - while the defendant continued to trespass into my property, I filed a contempt of court petition against him but nothing happened.The magistrate marked as "contempt not pressed for" and ordered the trial.
The suits involve two different people while the counsel for the defendants is one and the same and the land involved in both the cases is same, the court surprisingly ordered for a joint trial despite our objections.
Despite the fact that the title to the property being clear and suitably registered in my name and identified in the presence of the defendants by the court appointed advocate commissioner and land surveyor, the court without adequately considering the weight of the documents dismissed my permanent injunction suit mainly relying on the statements made by the counsel for the defendants.
It is most pertinent to note that in his confessional statement, the defendant has told the court that he does not have any documents relating to my land and has made a 'U' turn by saying that he never entered into my land - Also, in his written statement and the documents submitted to the court, he has clearly shown the same survey number of the land as mine.
Now I am forced to file my appeal against the order of the lower court.
What measures have to be taken by me to reinstate the permanent injunction granted to me??

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R.Ramachandran (Expert) 02 May 2011
You have to prefer an appeal.
In the appeal, seek interim injunction, till disposal of the appeal. That is the only thing possible now. I hope you have engaged a lawyer for this purpose.

adv. rajeev ( rajoo ) (Expert) 02 May 2011
How come the magistrate passed an order " contempt not pressed for". Did you not press the IA?
On the IA you could have lead your evidence. What you did and on basis magistrate passed such an order.
NO grounds cannot be taken in an appeal, you have to argue on the judgement passed by the LC. In an appeal you can file an application seeking injunction order.

S.R.Venkatraman (Querist) 02 May 2011
Dear Mr. Rajeev,
The problem was that my contempt petition was never taken up for almost 1&1/2 years due to the non filing of replies by the defendant. The court could not have granted such a long time to file replies unless there is some type of understanding.
One cannot be expected to have all the knowledge about civil laws and the ways to solve them when the advocates themselves know very little of these.Also, the most glaring point is even the magistrate who dismissed the permanent injunction suit has heavily relied on the statements of the defendant and his counsel, rather than on the pucca documentary evidences submitted by me.
It is to be mainly noted that I have pucca title for my property and there is no ambiguity or vagueness in the title or the nature of my land.