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Land grabbing attempt-i have 37 years settled posession


24-Mar-2026 (In Civil Law)
I have a peaceful legal settled posession of my property 50*60 site for 37 years.A land grabber has attempting to seize part of property by manufacturing a fraudulent title for the adjacent Site 18. although Site 18 was divested by the original owner (Muniyamma) through sales in 1994 and 2007, the Plaintiff obtained a "paper deed" in 2023 from the same seller for a nominal ₹1 lakh.he has obtained a ex-parte Injunction court order against me.I would like advice on killing the injunction.
Answers (3)

Answer #1
563 votes
You can cancel (vacate) the ex-parte injunction by filing an application under Order 39 Rule 4 CPC before the same court. In simple terms, you must tell the court that the plaintiff has obtained the order by hiding important facts and by using a false document. Therefore, the plaintiff’s sale deed is not valid etc. Also clearly show that you are in peaceful possession of your property for the last 37 years. Courts usually protect long and settled possession. You should submit proof like old documents, tax receipts, khata, and encumbrance certificate. Further, argue that the plaintiff has no genuine case, and the balance of convenience is in your favor. Because of this false injunction, you are suffering hardship. The court will then hear both sides and can cancel the injunction. Along with this, you can also file a counterclaim to declare the plaintiff’s document as illegal and to permanently restrain him from interfering with your property.
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Advocate Veena

Adv. Veena

LawRato Bangalore / Bengaluru | 25+ Answers
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Answer #2
794 votes
Key Legal Arguments for the Defendant According to the Limitation Act, 1963, specifically Article 65, the following points strengthen the defendant's case: Statutory Period: For private property, the limitation period for an owner to recover possession is 12 years. Since the defendant has been in possession for 37 years (since 1989), they have far exceeded this statutory requirement. Extinguishment of Title: Under Section 27 of the Limitation Act, if a rightful owner fails to take legal action to recover their property within the limitation period, their own right to the property is extinguished
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Advocate Dhruv. K

Adv. Dhruv. K

LawRatoBangalore / Bengaluru | 100+ Answers
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Answer #3
502 votes
The ex parte injunction court order can be challenged if the fraud can be proven from the document trail which you have available with you. For further analysis please contact as we have will have to look at the court documents filed till date before giving a detailed opinion.
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Advocate Akanksha Choudhary

Adv. Akanksha Choudhary

LawRatoBangalore / Bengaluru | 5+ Answers
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