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Can court take over the possession on behalf


14-Jan-2023 (In Civil Law)
i had filed for a recovery suit of possession of an inherited commercial property which is situated 500kms away from my current stay. is there a legal way where the Court shall takes over the possession on behalf of me and provide required protection for the property? another reason for me to not to visit the place is because i have goons treat and other challenges and have no safety return.
Answers (2)

Answer #1
817 votes
Sir, after you got decree from the concerned civil court for delivery of possession, you filed Execution Petition (EP) under Order 21 of Civil Procedure Code before the concerned civil court where the property is located and the court heard the EP and passed order for delivery of possession and it is executed by the court by paying delivery batta through Court Amin Officers and Concerned Local police and finally take over the possession of property by court and handed over the same to you.sometimes the court appointed advocate commissioner to take over the delivery of possession and he will co-ordinate with you,amin and police but you need to give legal renumeration to the advocate commissioner.
If you have goons threat means you approach concerned police station then failed means you approach Superintendent of Police or Commissioner of Police then failed means you approach concerned judicial magistrate for FIR Direction.
You can also file private complaint against the goons under section 200 of Cr.P.C before concerned judicial magistrate.

Answer #2
910 votes
Hi,
If you had already file recovery suit which I have gone through the same for which you are seek relief from Court. You can pray to appoint court receiver by paying its charges for protection of property. Even you can praying court for restraining defendants surrounding to the property as well as you. Before proceed for such acts you should approach to consult your current lawyer for further line of action.

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