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Bharathi (None)     25 May 2011

Injunction order w/ police protection

One person came and encroached my land saying he is having a WILL. The WILL is fabricated one. I have all the needed documents in my name. He filed a Caveat petition in the court. I have initiated process for getting Injunction order in April. Since he filed Caveat petition, the injuction order was not giving on the same day. Court is holiday in this month. How long it will take to get Injunction order with police protection?  The person is saying that he can prolong the case by submitting the fabricated WILL. How long the case will take? His main aim is to get some money from us.

Your help is appreciated.



 3 Replies


(Guest)

@Bharathi

 

Under Civil Procedure Code,1908 secion 148 a sub-section (5)

 

Where a caveat has been lodged under sub-section (1), such caveat shall not remain in force after the expiry of ninety days from the date on which it was lodged unless the application referred to in sub-section (1) has been made before the expiry of the said period.]

so, you have to wait for 90 days after that you can get injunction order with police protection.

M.A.T.Ganesan (lawyer civil &family laws)     25 May 2011

you can speed up the case as soon as the otherside filed the reply.As the other side is relying on will,otherside has iolet in evidence first.

Brajesh Jha (Manager)     09 July 2011

Mere lodging a caveat doesn't give any right to a person except the right to be heard before passing Order. I would advise you to file an injunction suit showing the land to be in your posession and that the other person is trying to disposess you.  


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