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What to do if the case is pending since four years


12-Jul-2023 (In Civil Law)
I have filed one civil case in the munisif court and the court has issued ORDER favour to me. The case is that one person has taken land sand from my land for Rs.50000. I have received the agreement deed from the opposite person. But he didn;t pay the amount. Now 4 years are gone. Still the case is pending due to impossibility to issue warrant to that person. Aournd 8 items the warrant has been issued. But the Ameen whent to the home of him and he is not able to issue the same due to the absence of the criminal. Let me know the next procedure to receive the amount. The oposite person has no land or any other property in his own name.
Answers (3)

Answer #1
830 votes
from the details granted by you, I suppose that , your case was decreed, and now an execution petition is pending. and the warrants issued by the Munsiff court were returned unexecuted. In these circumstances you can file a petition for police assistance and obtain an order for that ...

Answer #2
959 votes
"What do you mean by "the court has issued ORDER favour to me"? What is nature of the proceedings at present? Is it an execution proceeding? Moreover. what is the opinion of your own advocate? It is impossible to make any meaningful suggestion as the information posted is confusing and incomplete.
Answer #3
734 votes
Hi,

In this case, the better option before you is to file a Criminal complaint against that person for the offense of cheating. For that you need to file a meticulous criminal petition so as to attract the offense by properly explaining the delay, before the police station concerned, after a proper legal consultation with the documents.

Regards,

PT Sheejish
Advocate
Ernakulam

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