Criminal on property
3 years ago
name is Divya
I have property in my name(title, patta, eb, property tax) and also have procession of the property.
In Jan 20, my relatives trespass into my house unlawful and remove out of my house forceful and put addition lock on top of the door illegally. I am staying out of my house now
Reported this incident to police and commissioner but no action been taken against the offender, It seems weird situation happened but corrupt officials helping this thing unfortunately.
Now I registed criminal private complaint to magistrate and got order to register FIR against offernder and also filed suit in civil court for recovery of property procession.
Both cases is in progress and ball set rolling...
QUESTION
1. Post completion of criminal case, will magistrate have power to direct police to remove the lock and deliver vacant house to me.
2. My understanding is, ***Restoration Of Possession By High Courts In Exercise Of Its Writ Jurisdiction!***
Do high court have special power to deliver the procession to me immediately upon exceptional circumstances and situations, despite civil suit pending in civil court. If yes, how to proceed. Refer the blog written by nisha.
3. Any suggestions how to get the procession quickly as judicial process take little time and can't stay out of my house for couple of years.
since you have already filed a civil suit, make sure it prays for restoration of your property along with an application for the interim mandatory injunction for the restoration of your property from the trespassers.
The High court by exercising its power by passing a writ of mandamus can order the civil court to exercise the power and restore your property.
Ayantika Mondal @ Prime Legal
Responded 3 years ago
you can file a civil suit for restoration of the property which can either be filed under Section 5 or Section 6 of the Specific Relief Act, 1963 subject to the Limitation Act, 1963. along with the recovery suit, you can file an Application for seeking interim mandatory injunction to restore the possession of immovable property from the trespasser.
yes, High courts can restore your property by exercising the writ of mandamus.. High Courts in our Country have "restored" the possession of immovable property with such aggrieved person while exercising the power under a Writ jurisdiction upon exceptional facts and circumstances and noting the failure of the police officials in discharging their statutory duties.
Ankur Goel @ Complete Law Shield
Responded 3 years ago
There are no neighbours ?
you dont have friends also ?
why you not called 100 at that time ?
you being women not used that card ?
you already got order for FIR.
you filed for interim relief or they asked for it in civil court ?
approaching HC might not bring results in this case.
Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield) (mymutualdivorce.online)
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