Possibility of High Court orders - To evict the trespasser - To remove the roof
2 years ago
I have two injunction orders against the accused from the lower court.
Yet the accused trespassing the property, built a thatched roof, committed theft etc.
Apart from the contempt of court petition? Is there any other order we can get from High Court to evict the trespass person and order to remove the thatched roof from the property?
In other words, how to get the order to reinstate the previous condition of the property if the trespasser made any changes like built thatched roof etc?
The reason I am asking the order from High Court is that the lower court takes too much time (more than 3 years) to finalize the contempt petition?
I feel that the law safeguard the offenders until such time whatever he wants to do against the property, he can do. That's what happening on my property.
Any other advise will be much appreciated.
You have to approach the High Court saying that the Police not implementing the orders passed by the Lower Court and request the High Court to initiate suo-moto contempt proceedings against concerned police as there are coming in the way in implementing the Lower Court Orders.
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If a lower court has issued specific orders and the person has not followed them, you should approach the same court for execution of order. You cannot directly approach the higher court. You should file an application for reinstating the previous condition of the property if the trespasser made any changes or can compensation in lieu of these changes made.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
If specific orders have been passed by the lower court and the person has not complied with the same, you can approach the same court for contempt of court petition and execution of the order. Only after you fail to get a remedy from the lower court in case of any circumstance then you can approach the higher court.
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Property joint way issue
Varsai & will
Sale deed mentions that roof has ownership to owner(builder) not flat owner
Property Transfer
Gift deed
