Order from high court to get possession of own property


Our servent captures our shop and also file a civil suit in court. a court has given the position to our servant in interim order but also mention he has not submitted any evidence to prove he is a tenant. after interim order when court asks him to submit the evidence he withdrawal his suit. and now based on the interim order he saying the court is allowing him to the suit premises. From last 3 year he just captured our shop. Can I get an order from the high court? because he is not having any document to prove he was a tenant in our shop. he does not have any agrement, rent recept etc. How can I get position in our shop as soon as posible beacuse from last 3 year we loose our business also.

Answers (3)


167 votes

On what basis he filed a suit when he isn't a tenant ? And against what reason court given interim order ? There must be som points, which are not mentioned in your query. That can be understood only after observing the case documents.

Whatever the case is, if main case is withdrawn then everything is winded up.


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216 votes

Yes of course you can have order from HighCourt, you can file a complaint in local police station also, by that way he need to produce evidence of possession quickly that how he is having possession without any rent or sell agreement.

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281 votes

Firstly you need to understand that as the suit is withdrawn, the interim order stands vacated.
Secondly the documents are to be looked into. Withdrawal purshish, orders and any conditions etc. which can be deduced.

You can look it at many ways to claim relief. There are various remedies at your disposal. You can approach the high court or you can file a fresh suit on a different subject matter for restrainment of his right.

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