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What to do in case neighbour refuses to acknowledge injunction?
19-Oct-2023 (In Civil Law)
Religion:christian Hello Sir/ My Name is jibin I am facing a issue on my land My neighbour enchroched my property .i already given an injection order from court then also they are using my property because there is no boundary for the land they are destroyed it. .This land infront of my house because the taken soil my house is in danger now . The court procedure takes long time what can do for protecting my house they're taken soil from there to build their property that time they told me to they will protect the house with stone wall but now they're not doing that. And they are encroached my land also..will i able to fast the court procedure ? What can i do for fast fixing my boundary And protecting my House from soil erosion ?(the case already in the Court)
Don't know whether you had appointed any commissioner earlier.. Also what was the type of injunction sought by you and / the prayer therein... However, You have to initiate prosecution proceedings against him.Also meanwhile you can seek another prohibitory injunction with appointment of commissioner who will report the present status of the land with the Court. Any further clarifications, you can call me..
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Adv. R. Madhuraj
Adv. R. Madhuraj
Trivandrum / Thiruvananthapuram | 100+ Answers
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If you already have an injunction order you can very well approach the police to help execute the order at the same time you can file a prosecution petition in the court concerned for violation of court order. Regarding speedy disposal you can approach High Court and obtain an order to that effect.
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Adv. Jayakrishna K V
Adv. Jayakrishna K V
Trivandrum / Thiruvananthapuram | 25+ Answers
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Only the remedy available through civil court. Due to heavy work loads in the court will take more time for deciding the case and delivering the orders. Take a commission from court immediately and also file prosecution petition as disused with your advocate. If they encroached your land then file a suit for fixation of boundary.
If a suit is pending before the civil court no government authority will not interfere the matter and not get a remedy from gov.
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Adv. Ajay NS
Adv. Ajay NS
Ernakulam | 5+ Answers
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21/10/2017
Dear Mr. Jibin
Your query does not reveal the following important information:
1. The place where the property is situated.
2. Nature of the Injunction Order that you are holding.
Subject to the absence of the above information, I am providing below the available solutions for the problems that you are facing:
(i) Since you have stated that the matter is in the court and that there is no boundary between your land and your neighbour’s land, you can immediately file a suit for fixation of boundary.
(ii) Along with the above suit, you can file a petition for recovery of possession your land held in the hand of your neighbor.
(iii) Along with the above suit, you can file another petition for Mandatory Injunction against your neighbor, directing your neighbor to provide lateral support of minimum one meter width from your house.
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Adv. Lawrence D Cunha
Adv. Lawrence D Cunha
Kochi / Cochin | 25+ Answers
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You can file petition in the suit in which you got injunction order contending violation of injunction order by your neighbour. You can also file suit against your neighbour for a direction to stop excavation and for construction of retention wall to protect your house from danger of soil excavation. If you have not filed suit for fixation of boundaries then you can file fresh suit for the same.
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Adv. K. B. Arunkumar
Adv. K. B. Arunkumar
Ernakulam | 25+ Answers
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