You may have to file a suit for declaration of title and for possession.
Alternately, if you were a party to the suit in which he got exparte orders, you may file a petition to set aside the exparte judgment and then you may challenge the case.
Same property sold to 2 different person under 2 different survey no
3rd party:Purchased property in 2002 under survey # 23 from the survey # 23 land owner, has been paying property tax since than. Myself: Purchased same property in 2020 under survey # 24 from the survey # 24 land owner, paid property tax for this year. According to private survey, about 90% of the property belongs to survey 24 and rest under survey 23. Now the 3rd has received a permanent injunction against a random person, won it ex parte. He is using this injunction order to gain possession of my property. Is this possible? Using local goons and police (using the injunction order) he has taken possesion of the site and also got electricity under his name. What are my options now?
Asked 3 years ago in Property Law
Religion: Hindu
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7 Answers
You need to approach the said court for relief by filing your intervention
You have to take legal proceedings for being impleaded as party and to set aside stay order
2) seek declaration that you are absolute owner of property and to direct occupier to hand over vacant possession of land to you
3) seek appointment of court receiver
You have to appear in the suit filed by third party and get the suit dismissed bring the facts to the notice of Court and misuse of injunction order of the Court by third party.
Hi, you have to file a suit for declaration and Possession in respect of your property.
Dear Sir
File a suit for the declaration of title and possession.
Also file a petition to set aside the the exparte judgement from the other case.
Thank you
- You should move an application for set-aside the ex-parte order in the same court which passed it .
- Since, you having title deed of your property of survey no.24 , then legally none can obtained injunction order , if you will approach the court .
- Further if that property was in use and occupation then you can also file a declaration suit before the court .
