False civil case

hari kumar (Querist) 19 November 2016 This query is : Resolved
Dear sir/Madam,
This is Hari from Alleppey, Kerala, we are having 10 cents of plot including a house at alleppy, in the year 2014 our adjacent land owner filed a case against us saying we grabbed their land, there is a 2 meter width land (that is the path for entering to their land) adjacent to our land. Reason behind filing the case is to increase the 2 meter width of their path therefore, they can get four wheeler access. Unfortunately, there is no fensing and one of the marker stone was removed by them in our absence ( at present we are not staying there and the house is given on rent)
Main point: we are having original copy of the land sketch from the Revenue Inspector from complete details of measurement, and we are ready for a re-survey, still the case is going on at Munsiff court, also willing to bear the cost of the re-survey. How can we come out of the case and put fensing of our land. Our advocate says it is a civil case and it will take time. Kindly advice. Looking for a favourable reply. Regds Hari

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Rajendra K Goyal (Expert) 19 November 2016
If there is no stay, you can put fencing.

Your Advocate is right, civil case take time.

Sankaranarayanan (Expert) 20 November 2016
As if their is no stay then you act as suggested by learned friend Mr Rajendra Goyal.

Rajendra K Goyal (Expert) 20 November 2016
Expert sankar narayanan thanks for agreeing.

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