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Can I file FIR when partition suit already pending in the Court


05-Jun-2023 (In Criminal Law)
My mother filed partition suit against my maternal uncles for her share from Grandmother property. Govt of West Bengal alloted 8 cotta land in the name of my Grandmother after partition. My Maternal uncles construction on that property & Deprive to my mother. My filed filed partition suit before lockdown. Mt maternal uncles quickly completing that Construction & try to entered in the construction. Our last date before lockdown was petition hearing. My maternal uncles made a Deed in their name with the help of Rehabilitation Department. We completed all steps of RTI . But as per Department reply we are not satisfy & we are going to file writ petition when Court remain start. Now my question is can my Mother lodge FIR against my maternal uncles? If yes kindly suggest me how & what would be sections ?
Answers (2)

Answer #1
663 votes
Hello you can file police complaint aginst the construction workers and your uncle for violation of state govt notification relating to lockdown if so is the case. If you tell me more descriptivly about the situation then may be other criminal provision can be fished out. but for now your relief is in writ before the high court and the court is open for urgent matter and you can immediately approach court for an urgent order. contact any high court advocate for the writ.
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Advocate Tanmoy Chattopadhyay

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Answer #2
882 votes
Your mother can file a writ petition in High Court and at the same time file ad interim for an injunction to stop the construction at the site. FIR at this moment is not a good option until and unless you have a court order in hand. For further processing please contact our team of legal experts.
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Advocate Anath Bandhu Maitra

Adv. Anath Bandhu Maitra

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