Jurisdiction of d.c. over ongoing court case
Personal Name
(Querist) 11 August 2012
This query is : Resolved
Our case scenario is as follows:
1. Land mafia encroached upon our property and filed a false case against us.
2. The court in the first hearing gave the interim judgement saying that the plaintiff appears to be trespasser. The case currently is in Plaintiff evidence state and they are not filing any evidence but are simply taking dates.
3. We approached D.C. with our case, who issued written orders to remove the encroachment. SDM issued written orders to the local police station based on D.C.'s orders.
4. Local police station is saying that they will not take any action because the case is in court.
I wanted to ask if in this case does D.C.'s orders hold any affect or do we have to wait until the court gives the final judgement.
Jeevesh
(Expert) 12 August 2012
You have to wait till the court gives final verdict. DC's jurisdiction is ousted as regards the point whether the plaintiff is trespasser or not.....DC can only order the maintenance of status quo by both the parties till the disposal of the case by civil court.