What I should do
I am a joint owners of a Shiv Temple together with a piece of vacant land in front of the temple .The total area including temple is one cotta three chittaks and not surrounded by any boundary wall. We have valid documents like title deed , parchas, mutation certificate, copy of municipal assessment register, tax receipts, receipts of kajanas, etc. of the temple. The temple with vacant land along with other assets purchased by our grand father in 1931 but we don't have any purchased deed except a " record of Rights" issued by the then settlement office where the dag no.,area of land, name of vendor and the name of our grand fathers were written. we are enjoying our rights in the form of daily worshiping of Lord shiva since last 50 years.
we have initiated a suit for declaration and permanent injunction in a lower court on sep'2014 against defendants who were resisting us from demarcating the temple property by boundary wall.During hearing of injunction petition 5 other applicants appealed before court to add themselves as a "Added Party" under order 1 Rule 10(2) of Civil Procedure Code. The advocates of Added Party and other defendants have completed their arguments on this issue and 03.12.2015 was fixed for our arguments.
Under this scenario suddenly on 27/ 10 /15, one of the applicants of added party forcefully entered the temple breaking the padlock in our absence and occupied the temple. An F.I.R was lodged against the accused but no police action was taken against the accused due to political intervention . Now My questions are as under :-
1. On 3.12.15 can we continue our arguments suppressing the facts of illegal occupation of other in the suit property ?
2. If the advocates of added party disclose the facts before Ld. Court before our arguments and simultaneously we deny the same, then what the Ld. court will do ?
3. we don't want to change our plaint and start the suit afresh by accepting the fact of forceful illegal possession of the suit property by others because then it will be a time consuming civil suit and the illegal possessor of the temple will enjoy their illegal right till disposal of the case.
4. If we try to re-enter the suit property after breaking the padlock with the help of anti-socials and pray before Ld.court for permanent injunction to protect the suit property from the unauthorized occupier---- what will be the consequences?
5. Please advise me how I will get rid of such problem legally? Can I go to High court for writ petition?