Evacuation
AK
(Querist) 26 October 2013
This query is : Resolved
Good Afternoon Everybody.
My Uncles (Father's brothers) had filed Injunction against us, but they lost the case, we filed Injunction and we have been granted "PERMANENT INJUNCTION" by City Civil Court of Hyderabad. My two uncles and their families are staying there. We used to stay there, but since they filed a case against us, they did not allow us to come in the property. Now that we have won all the cases, we want our property back. What needs to be done, I have been advised by people to file EP (Evacuation Plaint or something).
Kindly advise, what is the right procedure of getting the vacant and peaceful possession of our property back in our hands.
Thank You.
Devajyoti Barman
(Expert) 26 October 2013
You did not mention the relief sought for.
If the court has granted decree in your favour regarding getting back the possession then file Execution Case in the same court.
ajay sethi
(Expert) 26 October 2013
you have been rightly advised . if you have got decree in your favour you have to take out execution proceedings .
Raj Kumar Makkad
(Expert) 26 October 2013
You need to file a contempt of court stating therein that the possession of the property has been taken over from you after passing of the decree on a specific day and time in the presence of such and such person and therefore file the contempt and for getting the possession back from them.
Rajendra K Goyal
(Expert) 26 October 2013
Agree with the experts, nothing more to add.
R.K Nanda
(Expert) 26 October 2013
agree with experts.
AK
(Querist) 10 November 2013
Hello Everybody, The court has passed a decree of "PERMANENT INJUNCTION". But that was because we had all the documents favouring us which mentioned we are in possession of the property. We still have one room in which our old house stuff is kept. But they never allowed us to enter the premises after they filed the case. Now since its already proved that the property belongs to us and we have received a "PERMANENT INJUNCTION" we want them to vacate the property, but they are not ready to talk or go out of the property. What case should be filed and how much time does it take to Evict them from our property? We are not staying in the property and they are easily violating Courts Order by interfering in our property. Please let me know what are the ways by which we get the vacant possession back in our hands and how much time does it normally take?
Thank you.
