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Common Man (Occupation)     23 September 2021

Ia dismissed for injunction in civil suit

Dear Lawyers,

I am the respondent in a suit. IA of the petitioner for injunction has been dismissed as there was no prima facie. After the dismissal of  IA for injunction, the petitioners forcibly settled in my property. My query is, how can I ask the Honourable Court to give police aid to remove them from my property in the said suit? Are there any caselaws regarding the same? It would be grateful of you all if you can help me.

Thanks & Regards,

Kumaran



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 4 Replies

Shashi Dhara   23 September 2021

Press to lead evidence of plaintiff in court and submit to court that plaintiff has occupied it thru force and to evict him.

Shubham Bhardwaj (Advocate)     23 September 2021

Dear Mr Kumaran, What I could understand from your query is that you have been illegally dispossessed from a property which was in your possession till now. Further, you are a defendant in a suit concerning that property. In this regard you must immediately file a suit under Specific Relief Act for restoration of possession of the property. In the suit mention that a suit with regard to title is already pending in other court. You may also get the possession suit transferred to the court in which title suit is pending. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.

Common Man (Occupation)     24 September 2021

Dear sir, Title is clear on my side and has clear prima facie and since they were not in settled possession, their IA has been dismissed. They have occupied a portion of my house in which I also stay. Can you please suggest any caselaws to ask for police aid in the same suit to get them removed from my house since they occupied even after the dismissal of their IA for injunction. Thanks in advance, Kumaran

Shubham Bhardwaj (Advocate)     24 September 2021

Dear Sir, Your problem would not be solved by any case law. Police will also not be able to help you legally because a title suit is still pending which makes it a civil dispute even though they have forcefully possession illegally. Further, there is no provision in Code of Civil Procedure (CPC) to tackle such situation since they have already taken possession. I am re-iterating my opinion that you must file a suit for restoration of possession under Specific Relief Act, 1963. Once the court issues notice in the suit, file an application for transfer of your suit to the court where title suit is pending. Regards Shubham Bhardwaj (Advocate) District & Session Court, Chandigarh Punjab & Haryana High Court, at Chandigarh Disclaimer:- Opinion is only for guidance.

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