Case filed for possession / partition
B Singh
(Querist) 26 January 2013
This query is : Resolved
I have filed case for possession / partition of house of inherited property of parents. Due to my service in another state my brother took possession of my room and now does not allow me to enter either in the house nor in my room. My query that although in court it can take years to decide for possession / partition in joint property. Can any stay application or any other case be filed in court so that directions can be given to my brother that till time the house property is not partitioned I may also be allowed to utilize the property so that my brother does not stop or thread me to enter the house. Please advice urgently.
Kiran Kumar
(Expert) 26 January 2013
Since you have already filed a Suit for possession, that means you are not in possession.
Its advisable not to complicate the matter by moving various applications, rather concentrate on concluding the matter as soon as possible.
Devajyoti Barman
(Expert) 27 January 2013
If the possession is taken in violation of any interim order of the court then you can go for contempt of court.
ajay sethi
(Expert) 27 January 2013
you have not mentioned whether in the suit filed by you court has passed any interim orders . what are the interim reliefs prayed for by you in the said suit
prabhakar singh
(Expert) 27 January 2013
REPEATS ARE NOT GOING TO PRODUCE DESIRED ANSWERS.
IF YOU ARE NOT IN POSSESSION BEFORE FILING THE SUIT COURT SHALL NOT PUT YOU IN POSSESSION BY INTERIM MANDATORY INJUNCTION
ORDER.
B Singh
(Querist) 27 January 2013
Besides filing case for possession / partition my advocate also filed stay application so that I could enter my room till possession / partition is decided by the court but the court did not accept the stay application since no documentary proof like residence certificate ration card copies were not attached with the stay application by my advocate and the same was not accepted by the court. Now is it possible if I again submit stay application with documentary proof of residence and if court does not accept can I go to higher court. Please advice
