Legal Question in Civil Rights Law in India

Respected experts,

One of my neighbor while constructing encroached around 400sqft of my land in 1997. We approached the Police but they failed to stop him. So, we prayed for Cr.P.C. 144 at the Hon�ble SDM court, and it invoked. But they didn�t obey the order and continued with the construction. We approached Police again, but police again failed to stop them and only given report u/s 188 Cr.P.C. that opposite party has done construction during the period of section 144 of Cr.P.C. and asked us to file a criminal case. Since my retired father was here that time, he failed/unable to take this pain (he has a fear of court and also prefer losing land than to go to the court). Section 144 Of Cr.P.C. got converted into Section 145 of Cr.P.C and we prayed for the ejection of the encroachment. Suddenly a new development took place which is that the same neighbor lost his entire land in a money suit at Hon�ble Patna High Court to a third party in 1998(case was going on since 1974 between them, where the neighbor had lost everywhere), but the neighbor appealed to Hon�ble Supreme Court. In view of this development our lawyer suggested us to wait for the final judgment between them. His plea was that, if this neighbor loses there also then he will be out of the scene and our problem will solved and if he wins then we will reopen/restore this case later. We attended till 1999 and after that we stopped putting attendance. The opposite party too stopped attending. So, in 2003 the Hon�ble Magistrate closed the case by writing remark that since no body is taking interest since a long period. Now the neighbor case is undecided and going on, also he creating a lot of nuisance. Now the local lawyers are saying that to file a civil suit for title and recovery of possession otherwise the neighbor will get the advantage of adverse law of possession. Now what should I do? Will the limitation comes in a way for fresh civil (Title) suit or shall we file application to restore the old case? What is the use rather significance of the report u/s 188 Cr.P.C which is in my favor. Pls. advice. Thanks to all.

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