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How to challenge Evacution order in DV file by Mother against Son


01-Aug-2023 (In Family Law)
My mother has filed a DV case which summon issued to me (son) judgement is in my mother favour and told me to evacuate the premises within a week. lawyer was telling the property is belong to govt neither son or neither mother is a owner , than Judge ask me property belongs to whom, Wrongly i replied " When the property was purchased I was KID, I have seen the paper come along with summon its showing that father purchased the property on my mother name" From this above statement Judge took the final judgement that I myself accepting property belongs to my mother hence under DV I have to evacuate the same but in Prayer they have not demanded to vacate the premises they asked for 5000 expense and other household expense + any other relief decide by the court. I should have said that I don't know about the document authenticity and in actual the structure was built by me. How to challenge the evacuation order, Can I file a Civil Suite
Answers (2)

Answer #1
769 votes
Yes, there is a possibility to challenge the aforesaid order before the High Court only because once an order for eviction was passed no one can stop, except to file an appeal before the Hon,ble High Court of Delhi.
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Answer #2
945 votes
The order is based on your statement, hence challenging the same by an appeal will put your condition in sope. Since you have a understanding with your mother to pay 5000 per month etc, you can file a review petition based on this mutual consent.
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