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Neighbor put a false case of encroachment against me in 2016


03-Aug-2023 (In Civil Law)
Hello. I am involved in a property dispute with my neighbor. Towards the end of 2016, he put a false case of encroachment on me. Following this I submitted my written statement. Since the time my written statement has been filed, there have been 3 hearing dates, but now of which neither the plaintiff nor his advocate have attended or started their argument on their initial IA. Till date other than the submissions of the plaintiff's intitial IA and my written statement, there has been no other activity. In the next hearing, if they repeat the same, is it possible that I can ask for dismissal of the case based on their inactivity/absence?
Answers (1)

Answer #1
657 votes
You have not stated the nature of the suit. Presumably it must a suit for bare injunction or for declaration and injunction. As of now it appears there is no interim order.? Court may dismiss the suit for non prosecution. However it all depends on the stage of the proceedings. Since plaintiff is not arguing on the application you may request the court to frame the issues.
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