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Recovery of Property Possession


16-Dec-2025 (In Landlord/Tenant Law)
My uncle, declared owner and in possession of a property by the trial court, faces threats from the plaintiff during a pending appeal. If the plaintiff illegally occupies the property despite the trial court’s order, what legal remedies are available to recover possession? Should my uncle approach the appellate court for protection or file a separate suit under Section 6 of the Specific Relief Act, and what evidence and timeline apply under Indian law?
Answers (3)

Answer #1
631 votes
Hi, Since the trial court has already declared your uncle as owner so before approaching the appellate court you can seek police assistance . Parallelly, remedies under criminal trespass and intimidation can be pursued.
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Advocate Vishali Verma

Adv. Vishali Verma

LawRato Delhi | 25+ Answers
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Answer #2
690 votes
You must file an application for injunction against the plaintiff. The court shall provide you an interim relief till the pendency of this case. You don't need to file a separate suit for it. In case any legal assistance required you can reach out to me.
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Advocate Priya Agarwal

Adv. Priya Agarwal

LawRatoDelhi | 25+ Answers
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Answer #3
937 votes
If no stay of the trial court decree has been granted, the decree remains executable. Your uncle should immediately move the appellate court for: Police protection / status quo order, and Restraining the plaintiff from interfering with possession. The appellate court has inherent power to protect the decree holder during pendency of appeal. b) Execution Proceedings (Order 21 CPC) File execution of the decree for delivery of possession. If the plaintiff obstructs or re-enters, file an application under Order 21 Rules 97–101 CPC seeking removal of obstruction and police aid.
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Advocate Madhvi Chopra

Adv. Madhvi Chopra

LawRatoDelhi | 50+ Answers
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