Encroachment of site

Dear Mallu Godigoudar,

You have stated that your neighbour encroached into your land and when you protested, he filed a suit for permanent injunction against you.  You had further stated that your neighbour, in his plaint, has stated that he owns a certain land and has built house in it and that he deliberately concealed about his encroachment into your land.  In this case, you obviously are the defendant.  When your counsel is absent, then the case would not be quashed.  Instead, you would have been set ex-parte and the decree will eventually be granted in favour of the plaintiff, i.e., your neighbour.  So, kindly check with your Advocate, the correct status of your case and revive your position therein.  Thereafter, check whether the Suit Schedule Property includes any of your property.  If yes, file a written statement along-with counter claim.  If no, file a separate suit against your neighbour praying for permanent injunction in which case, you may do it immediately.

Regards,
yudhishpadman@gmail.com, Advocate, Chennai.

Dear Mallu Godigoudar,

I perused the documents you sent me.  You may attach your documents in this thread so as to enable my brother Advocates/Experts to express opinion in this matter.

Now, if you would read paragraph 4 of the judgment, you could see that the defendants had not filed any written statement or documents in support of their claim.  It means that the defendants were not set ex-parte.  The defendants had participated in the trial all along, but they chose to not contest the matter and hence, the case has been decreed in favour of the plaintiff, i.e. Smt.Kasturi.

Given that the matter was not properly contested in the trial itself, it is not advisable to go for an appeal.  Given the facts and circumstances of your case, you cannot file a fresh suit for permanent injunction since you are barred by doctrine of res judicata u/s.11 of C.P.C.  While so, the only way to remove their encroachment is by filing a fresh suit for declaration with mandatory injunction.  You will be required to pay a considerable court fee.  This is your last and only option.  So diligently follow your case.

Yes. You have to contest the case of Injunction filed by the encroacher after becoming the party and also can seek mandatory injunction and possession of encroached land in your counter claim to be filed in same pending case and in case of counter claim your shall be required to pay prescribed court fee. You can also file separate suit for seeking possession of encroached land.

Dear Mallu Godigoudar,

Yes.  As aforementioned, file a suit for declaration with mandatory injunction.