Legal Question in Civil Litigation in India

dismantle of sajja

we have been in our rightful possesion in b`lore for the past 30 yrs. our neighbour had projected a sajja over the open space which belongs to our house which measures 3ft(E-W)and 27.5(N-S).

thus he claimed that the above mentioned open space belongs to him,which is the main entrance to our house.We filed a suit against him in the honorable court.the case went on for 10 yrs but he did'nt attend even once. Today the court has ordered us to dismantle the sajja within 6 mts therby proving that the open space belongs to us.

our neighbour has now sold his house to someone who is now creating a great havoc and not allowing us to dismantle the sajja.

because of this problem there is a great life threat to us.

neither our lawyer is giving a meaningful suggestion nor is the police is helping us out.we are under a great problem and no one to help us. i plead u to send a suggestion regarding this matter.


Asked on 5/11/07, 3:44 am

4 Answers from Attorneys
Balasubramanya Beeranna Balasubramanya&Ramesh Associates

Re: dismantle of sajja

You have to approach the court which passed the order to give police protection to dismantle with a direction to see that the new owner does not give trouble you and take your own demolition persons, you have to tip the police with money and demolish on either sundays.

regards

B.Balasubramanya.

Advocate.

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Answered on 5/12/07, 6:58 am
Reghunath Varma Varma & Associates

Re: dismantle of sajja

Decree of the Civil Court is to be executed through the process of the Court;your new neighbour is also bound by the decree, since he is only transferee from the original defendant in the suit; you can file Execution petion before the Court from which you obtained the decree of mandatory injunction for dismantling the sajja; pl don't think that you are helpless; be confident, youn can get it done.

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Answered on 5/30/07, 8:18 pm
G. M. Gupta gmguptaandassociates

Re: dismantle of sajja

take police assistance from the court which ordered in ur favour

submit an application mentioning the above said problems and seek police assistance.

there are other remedy also but the details are not sufficient for them so contact personally

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Answered on 5/12/07, 9:59 am
Nandita Haldipur Haldipur Associates

Re: dismantle of sajja

when there is already an order of teh court to dismantle the sajja upto to 6mts you can go ahead and get it done. if the your neighbour is objecting to the same you can file an application before the court for seeking police assistance in execution of the order of the court

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Answered on 5/11/07, 10:13 am


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