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Sai krishna (Agriculture)     10 February 2017

Perpetual Injunction order - Execution Procedure

Dear all, I had an urgent query to be addressed on emergency. I got perpetual injunction order from nalgonda District court against a defendant on frequent trespassing in to my property last month. He even accepted in front of judge while cross exm , that he is trespassing in to my land. Hon'ble court granted me permanent Injunction order after 3 years trial. But, Defendant is still Trespassing in to my property even after hon'ble district court injunction order. When I contacted my lawyer for implementing the injunction order, he is asking to file FIR against them , only then we can file for execution order. Is this true that I need to file case, as police are not filing case and asking me to get implementation order and only then they will stop the defendant from trespassing in to my property. How should I proceed in this scenario. I captured photos, videos of defendant trespassing in to my property.


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 3 Replies

Dr. Atul [9013898936] (Lawyer, Scholar)     11 February 2017

You can file execution proceedings under Order 21 Rule 32 of the Code of Civil Procedure under which, a person wilfully disobeying a decree for injunction is liable to be detained in civil prison. It does not require any police complaint. Maybe your lawyer is looking to develop material to substantiate the claim of trespass; that might be helpful but is not essential.

Sai krishna (Agriculture)     11 February 2017

Thank you @Atul sir. Sir, I took photos & videos of person repeatedly trespassing in to my property. Even then he is not caring. One more thing, He himself confirmed in front of hon'ble judge and same was eriiten by judge in decree order, that he was trespassing in yo my property and still doing it.

Dr. Atul [9013898936] (Lawyer, Scholar)     11 February 2017

Originally posted by : Sai krishna
Thank you @Atul sir.
Sir, I took photos & videos of person repeatedly trespassing in to my property. Even then he is not caring.
One more thing, He himself confirmed in front of hon'ble judge and same was eriiten by judge in decree order, that he was trespassing in yo my property and still doing it.

 

For record sake, just give a written complaint to the police; get a stamped D.D. No. and don't expect anything more from police. Did you take photographs with newspaper masthead for date? Then just go ahead and execute the trepasser...uh, no...actually...file an execution petition under O.21 R32 in respect of your decree


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