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Amit Chatterjee (Officer)     07 January 2025

Concern over tampering with objects in disputed land during ongoing litigation

There is a small stretch of land adjacent to my house, measuring 3 feet wide and 18 feet long, which is currently under litigation over ownership. I am the plaintiff, and my neighbor is the defendant. Beyond this disputed land lies the boundary wall of my neighbor's house, which he partially demolished years ago. Since then, he has been encroaching on the land. Part of the wall still remains, along with some fallen pillars, which indicate where the wall once stood.

The court has issued an order to both parties to maintain the "status quo" regarding the nature and character of the disputed land. Currently, the case is in the phase of cross-examination of witnesses.

Recently, my neighbor has begun construction work inside his house. Yesterday, a worker from his construction site broke one of the fallen pillars with a hammer and removed the iron rod inside it. The area is now covered with concrete dust and pieces of debris. I am wondering if he is allowed to do this, given the court's "status quo" order. Earlier, when I sent a worker to the land to repair the exterior of my house, my neighbor objected.

I discussed this with my lawyer, who believes these actions are intended to disturb me and advised me to ignore them. However, my concern is not about personal inconvenience. My apprehension stems from the fact that the demolished wall is mentioned in the court documents. By tampering with or modifying objects in the disputed area, isn’t he potentially altering evidence? This is particularly significant as witnesses are being questioned about the presence of specific objects, such as bricks, pots, tiles, etc. (2 weeks back he bored the wall on the eastern side of the land and was attempting to setup drinking water pipeline inside the land! I objected and later found a worker stealthily repairing the bore!)

What would be the best course of action in this situation?



Learning

 7 Replies

Dr. J C Vashista (Advocate )     07 January 2025

Collect evidences of such demolishion/ construction (photo/vedio and or any other mode) and submit application of purjury for wilful disobedience of orders passed by the court through your lawyer or some other local prudent reliable lawyer, if you have lost faith in your lawyer.

T. Kalaiselvan, Advocate (Advocate)     07 January 2025

As suggested, you may gather evidences for all his illegal activities and file an urgent petition to restrain him from doing any activity that will hamper the process of law in the pending suit till the disposal of the main suit besides you may even contemplate to file a petition for contempt of court for violating the status quo order of the court.

Amit Chatterjee (Officer)     07 January 2025

Thanks for your valuable suggestions.

I have been taking photographs of these activities. And will be handing them over to my lawyer any time. But I fail to understand why he is ignoring this issue and asking me to tolerate these activities. He said if a petition is filed the main litigation will get delayed/hampered. But can that be a reason good enough to allow this unlawful activities?!

Lavanya Malhotra   07 January 2025

 

It is concerning that such unlawful activities are being ignored, especially when they might impact the ongoing litigation. While your lawyer's caution about avoiding delays in the main litigation is understandable, it should not come at the expense of tolerating illegal actions. Proper legal remedies, such as filing an interim application to address these activities without affecting the main case, might be an option.

If you feel your concerns are not being adequately addressed, it may be worth considering a second opinion or even changing your legal representation.

Please feel free to reach out at - prachi@lawfinitysolutions.com or https://wa.me/+919810483059 

 

 

T. Kalaiselvan, Advocate (Advocate)     07 January 2025

I concu with the further opinion rendered with Lavanya Malhotra, you may decide about changing the lawyer if this one is not cooperating 

P. Venu (Advocate)     07 January 2025

It is better that a Commission is taken out to ascertain the ground realities and bring them on record.

Dr. J C Vashista (Advocate )     08 January 2025

I concur with the opinion and advise of learned experts, it is better to change your lawyer.


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