Civil Procedure Code (CPC)

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Vishnu P Sopanam   31 July 2020

suit for measurement of property and fencing

Dear members

I wish to give suit for measurement of property and fencing in court.how long it will take to get the things done.if any objections from the neighbouring property owners can I seek police protection for fencing.

brief facts about the case

my father purchased 10.25 cents of land in 1998.Father expired on 2002.There is a building in the land.we wish to fence the boundary.we are not knowing the boundaries because when my father expired I was studying in 8 th standard.we have fenced one portion of the land.Survey stone laid by the taluk office is there.but we are unable to find the other boundary stones.so fencing was stopped.i have given application for measurement of land in taluk office.it was delayed due to the covid pandemic.till date I have not received any information regarding the same.i believe in judiciary.so is their any legal remedy to get the things done


 4 Replies

Dr J C Vashista (Lawyer)     01 August 2020

Demarcation of land falls within revenue jurisdiction, where you have already stated to have filed a case, can you not wait for the outcome of the same ? 

Even then if you so desire, yes, you can flle a suit for declaration, permanent and mandatory injunction against your neighbour, who have encroached upon the land purchased by your deceased father.

Why do you not move to the High Court for a writ of mandamus and/or necessary directions to autorities concerned and the encroachers under Article 226 and 227 of the Constitution of India ?

So impatient ???

G.L.N. Prasad (Retired employee.)     01 August 2020

When you have waited for decades for the same issue, when the country is reeling under severe epidemic, do not expect that Court can come to your rescue.  The problem exists in all offices including courts and finally it is the Surveyor that has to measure and certify.  There is a laid down procedure for such a survey and intimating the boundaries property owner is one.  You can also get certified copies of boundaries properties from the Registrar office and cross-check your documents.

Vishnu P Sopanam   01 August 2020

Thanks for your valuable reply.

P. Venu (Advocate)     02 August 2020

To file a civil suit, there need to be a cause of action; the facts posted suggests none. As such, the only option is to get the property surveyed and demarcated through the Taluka surveyor.


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