Taking possession under ex-parte decree

Dear querist,

Yes, you can but it is advisable to wait for appealable period to be over.

                                                                                                               

Regards

Deepak Joshi & Associates

Mb/whatsapp +919456777600

Djaa.legal@gmail.com

In your case defendant is not filing his written statement, it is not mean that your case is correct and court will give exparte decree in your favor. Burden is on you to prove the case, you cannot take the advantage of the weakness of the defendant to prove your title in the schedule property. The person who approach the court he have to prove his case without falling into the defendant title. So even if the defendant became exparte, you have to step into the witness box and you have to file all the documents to prove your title, If the court comes to conclusion that you did not establish your title, the court will dismiss the suit as per supreme court rulings, if you want i will provide citations. if both persons failed to prove their titles, the plaintiff suit must be non-suited.

V E MANOJ KUMAR B.B.A., M.B.A, L.LB., 

ADVOCATE

CELL NO 86 86 15 92 92 

Wait till the court issues preliminary decree. Then you need to apply for final decree.