k.v.kamath (business) 21 November 2009

Is Court Decree Valid?

I am living in Mangalore,Karnataka.

I have already obtained court decree in my favour for private road to my house.Even DRT has honored the Decree and auctioned rest of the area.

Now few people are using the road and creating problems and are challenging me that this is public road. Some of my neighbours are ready to draw advantage from this third party and give them way.

Now my query to this forum is:

1)what will be my position and court decree, if the third parties forcefully decides to go ahead with other users?

2)I have not signed this place for road to local municipal administration either.Will the third party be able to place garbage box / lay sewerage lines in this road thereafter.?

3) Can I still invoke Court Decree to prove that this road is private road?

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8 Replies

N.K.Assumi (Advocate) 21 November 2009

File perpetual Injunction petition in Civil Court aginst those trespassers. In such case even Magistrate can take preventive action against those trespassers under criminal procedure code.

niranjan (civil practice) 21 November 2009

I think it isnot the question whether court dedcree is valid or not. Your question as to how that decree could be used against those whgo infringe the court decree. Better you give the public notice that the court has believed said road leading to your house is private property and anybody who will infringe will be liable for trespassing the private property.

(Guest)

I think Easement is applying to the road.

dhiraj choudhary (n/a) 21 November 2009

but the aforesaid decree has been passed against particular persons and not aginst the persons who now r trying to infringe ur right as such the said decree is not binding upon them as the same has not been passed against them. u can file suit for permant prohibitory injunction agianst these persons n for this u can rely on earleir judgment

Adinath@Avinash Patil (advocate) 21 November 2009

IF DECREE IS AGAINST PERTICULAR PERSON , YOU CAN FILE FRESH CIVIL SUIT FOR PERMANENT INJUNCTION AGAINST OTHER PERSON.

K. Rajendra Prakash (Advocate) 22 November 2009

Mr. Avinash Patil and Dhiraj Choudhary are correct.

k.v.kamath (business) 23 November 2009

My advance Thanks to all those luminaries who have guided / guiding me to get out of this problem. Once again, my million thanks from the depth of my heart to all those who gave me your valuable guidance.

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