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Common Man (Occupation)     17 March 2024

Eviction based on injunction order

Greetings to all,

 

This query is regarding one of my friends. My friend’s mother has a property registered via Gift Deed in which she resides. One of her brothers along with his family in her absence occupied a portion of the house without her consent. He filed a suit for cancellation of gift deed and for injunction to not disturb his stay. However, the court based on merits dismissed his IA. Now my friend’s mother filed a suit and prayed for injunction in IA and it was granted based on merits till the suit. Inspite of the order from The Honourable Judge restraining her brothers from interfering with the possession of the schedule property, her brother is not only following the order and but also police are supporting him. Both the parties are people who crossed 60 years. Now my friend doesn’t know how to proceed further.
 

Your valuable suggestions and guidance are much appreciated.



Learning

 3 Replies

Shashi Dhara   17 March 2024

Mother is legal owner her brothers have no right inform it to court that to warn to police for supporting them with application.

T. Kalaiselvan, Advocate (Advocate)     17 March 2024

If her brother is disobeying the court order then she can file a contempt of court case against him.

If the injunction is only for not to interfere in her possession and enjoyment and not for evicting him from the property before disposal of suit then there is no disobedience of court order.

The police cannot interfere in this civil matter. 

Dr. J C Vashista (Advocate )     18 March 2024

Disobidience of orders passed by a Court of law amounts to Contempt, let her lawyer initiate necessary action.

A gift deed cannot be cancelled or questioned at the behest of "third" party where your brother is neither donor nor donee.

What is the opinion and advise of her lawyer who is well aware about facts and circumstances of the case, well versed with law applicable on the issues, an able and competent person besides the fact s/he is obliged to satisfy his/her client ?

Why you are bothered about the case of your "friend's" mother ? Let your friend or his mother seek opinion and advise of "some other" local prudent lawyer, if they feel.


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