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Forward of dismissed partition suit

(Querist) 12 January 2018 This query is : Resolved 
Dear Expert,

One of my cousin had filed partition suit against me which was dismissed due to non-prosecution which has passed 90days already. Now I approached police station to help me vacate his current position in my property, he informed police that he'll take it to high court.

Please suggest me what can be done further?
Can Police help me vacate him with the help of Dismissal order?

Please suggest me, looking forward for the help.
Ms.Usha Kapoor (Expert) 13 January 2018
Wait till Appeal time expires,. Then once it is exhausted trial court judgment becomes final and cannot be challenged further.on the ground of res judicata.
R.Ramachandran (Expert) 13 January 2018
It seems that your cousin is in possession of the property in question. If you have to get back the possession, then you have to file a suit for possession. You will not be able to get possession of the property on the basis of dismissal of your cousin's suit for partition. Police also will not /cannot be of any help to you in this matter.
Ms.Usha Kapoor (Expert) 13 January 2018
Yeah! You also have to file suit for possession which is in your cousin's hands.
Advocate Bhartesh goyal (Expert) 13 January 2018
Mr.R.RAmchandran is absolutely correct,I agree with his opinion.
Nithin Kumar (Querist) 13 January 2018
Thank you for the opinion
Can I know what will the appeal time or Can I know how many days or what is the time period for appeal time from the dismissal date?
Ms.Usha Kapoor (Expert) 13 January 2018
Appeal is a statutory remedy. Writ is constitutional Remedy. If statutory remedy is not applicable then According to Limitation Act 90 days time limit is available after final Judgment. The court are liberal in interpreting this remedy of 90 days time limit. So no specific time limit other tan what is discussed above.
Vijay Raj Mahajan (Expert) 13 January 2018
You need to move the court for getting injunction order against the person for evicting out of your property if there is no appeal filled against the trial court order nor the suit filled that was dismissed for non prosecution reopened by that person.
Police will only assist you if you get order of the court for eviction of the person.
Kumar Doab (Expert) 13 January 2018

Subsequent to the proper suggestions made by Experts you may approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having successful track record……..to proceed further and defend your interest….
Nithin Kumar (Querist) 13 January 2018
Thank you all for your valuable suggestions.
Dr J C Vashista (Expert) 15 January 2018
@ 66336633@n,
What a fantastic name has been adopted and got FREE advise of experts despite the fact you are an anonymous author.


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