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ak yadav (law student)     01 September 2017

Illegal grab of land

Sir , Forwarded for your guidance. 1. I was in possession over disputed land after that i filed a petition and the civil court has given stay order in my favour dated 17.07.03 and given standing stay order dated 30.01.08 in my favour.

2. My opponent has filed to dismissed the stay order granted in the court of district judge in year 2008 which is pending till date.

3. Now he has encroached the land forcibly over the land mentioned after petition filed in the highcourt as HC has directed to maintain status quo for the parties. 4. Now it is well settled that as per the orders of the court the i must have the possession over the land but due to collusion of officials of Tehsil in the case opponents have grabbed by threatening me. So please guide the further course of action.

If

1. direction may be taken by HighCourt/SupremeCourt or contempt of court under rule 39 2A may be filed in this regard or any other option.

 



 3 Replies

jyotirmaya behera (advocate)     01 September 2017

Order 39 rule2A, it is a petition for violation of the court ( civil Court). if you will file this petition you have to proof that there is a violation of the court order. As per you indication they are threatening you.. It is a case of criminal arising out of civil dispute so  You FIR should be corroborate  with the supporting documents like RoR.

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9132319262


(Guest)

u say they are threatening u. file a police FIR u/sec 154 crpc. at same time u must prove that there was actual violation of court orders

T.SRINIVASULU   01 September 2017

U can file petition under O 39 Rule 2 A of CPC also trespassing of land before the police station

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