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vinay (project leader)     24 May 2011

permanent injunction -effect of water Electricity connection

i own a plot bought from cooperative society 30 yrs back.(it has approved layout from muncipal authority ).a trespasser obtained status quo order against third person and trespassed into my plot claiming that the plot belongs to different survey no.The survey no he claims has no approved layout.The house no he claims is also not existing as per muncipal records( using RTI) i have obtained ad interim injucntion order in april 2010 which was made absolute in  jan 2011..However during the pendency of suit he obtained water connection and fixed electricty  meter in oct 2010(it was found later that he obtained the connection in may 2010 i.e after ad-interim injunction orders are passed . my complaints to electricity department ( CGM and its vigilance officer) to cancel the service connection met with no response saying that since it is civil litigation no action can be taken.my lawyer didn't brought to the notice of court saying that injunction suit will be dismissed immediately and we have to file title suit. trespasser has no other document except for sale of agreement of sale with possession dtd 11-01-2009. Meanwhile i obtained muncipal sanction for construction and electricity service connection on my house no.however electricity metre is not fixed and no bills are being issued.

the case is set for evidence.my advocate says that i should not accept the fact trespasser has fixed electricity meter in my plot. but he is not suggesting any solution on how to get trespassers vacate my premises.anoter lawyer is suggesting taking help of private people to get them vacated.i fear that may only cause the litigation to prolong

Please suggest course of action



Learning

 1 Replies

Pach (Vice President)     12 August 2012

My case is something similiar. Can I know what is the status of the case now?


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