Is interim possession possible pending suit

Guest (Querist) 15 February 2015 This query is : Resolved
The will mad by my late husband in favour of his brothers son in respect of a flat in Delhi was rejected by court for probate based on my objection. But his family is occupying the flat since 2008 as I was serving in army and posted out always. Now I am not allowed to enter.
I have filed a suit to declare will null and void as well as for possession and handing vacant possession against defendant.
Due to delay in case and my retiring shortly can I move application for ad interim possession of a portion of flat so I can have place to live till disposal of civil suit. Is there any law for this or can court do this under inherent powers?

The case is pending for evidence and may take 3 years more but I have only 6 months to retire.
Mahendri Kumari

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prabhakar singh (Expert) 15 February 2015
QUESTION:can I move application for ad interim possession of a portion of flat so I can have place to live till disposal of civil suit. Is there any law for this or can court do this under inherent powers?

ANSWER: TO GRANT A RELIEF OF THE KIND YOU WISH AMOUNTS TO DECREETAL AT VERY FIRST DAY WITHOUT TRIAL WHICH COURTS GENERALLY NEVER GRANT.

ajay sethi (Expert) 15 February 2015
you can make application . it is for court to consider and pass orders .

Rajendra K Goyal (Expert) 15 February 2015
Repeated:

http://www.lawyersclubindia.com/experts/Taking-interim-possession-of-house-523471.asp#.VOBDEuaUePw

Devajyoti Barman (Expert) 15 February 2015
repeated query..already replied.

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