About Temporary injunction
farooq
(Querist) 10 March 2010
This query is : Resolved
Hello sir,
Question 1:
We are having a land in our village, as it has been sold out by our relative without our permission, so we took interim injunction order in our DISTRICT court on the site, we send the notices to all the occupants but a person had already registered the land to his daughter we didn't know this so we send a notice to this person but now his daughter approaches MANDAL court and she also took the interim injunction order by showing that fake registration so what to do now sir?
Question 2:
One more thing in other plot we are trying to build a house. While constructing the opposite person came with their men and charged on us , we gave a complaint regarding this in the police station, the opposition also gave a false complaint saying that we too attacked them.
Police took both the complaint. what is this sir how can they do that?
So we need help sir, even after giving complaint each day they are coming with 25 to 30 people and vacating us.
Regards,
Farooq
Parveen Kr. Aggarwal
(Expert) 10 March 2010
1. File an application for tranfer of both the suits to one court to avoid conflicting judgments.
2. Make complaint to higher police officers.
farooq
(Querist) 10 March 2010
Thank you for the quick reply.
Actually it involves political influence so the police is not taking any serious action on this can you tell me whats the procedure to get protection in these type of situations? actually we spoke to the CI he is talking their side.
Raj Kumar Makkad
(Expert) 10 March 2010
If the opposite party has political links then you can approach Ilaka magistrate and lodge complaint under section 200 of Cr. P. C. and can pray to send the complaint to the local police station to lodge FIR against the accused persons and can also pray for police protection to the higher officials of police or High Court of your State stating the entire facts of the case in detail.
Uma parameswaran
(Expert) 10 March 2010
Geting police protection is very remote if civil suit is pending.Filing a private complaint is recommenable.You can file an I.A in existing suit for peaceful possession and against the interruptions.
Parveen Kr. Aggarwal
(Expert) 10 March 2010
In the circumstances filing of a complaint under section 200 of the Code of Criminal Procedure, 1973 for the commission of offences is advisable.
farooq
(Querist) 11 March 2010
Hello All,
what is meant by I.A? one more thing sir/mam as I said police took both the complaints i mean they also booked a complaint saying that we attacked a lady which is a false statement but police took that complaint so what will be the effect of this? we actually took some photos and videos while they attacking us, is this helpful? and isn't it a crime after having interim injunction they came and attacked us with nearly 30 people even yesterday also they came with 100 people but with the help of local constables we rescued ourselves.
Please give your suggestions.
Thanks & Regards,
Farooq.
Silabhadra Sastry Advocate
(Expert) 12 March 2010
Mr Farooq though you have filed a case for injunction, but prior to it the land is already sold and possession already delivered through any means,you can now file a separate suit for cancellation of the Sale Deed,Recovery of possession and permanent injunction,so pl discuss with your Lawyer.So far as police inaction is concerned,you can file a complaint before the State Human Rights Commission against all concerns.Silabhadra Sastry,Advocate,Bhubaneswar,Odisha
farooq
(Querist) 15 March 2010
Hi All,
Can you please tell me the procedure to get the police protection? and what is Ilaka magistrate ?
Its urgent i hope you understand.
Thanks,
Farooq
