• About the private complaint for the bailiff property tresspass

My cousin got a bailiff order, and for the fear of their cousins, she did not enter the property for the last 10 years, now their cousin broke open the bailiff sealed property and trying to destroy the property and illegally trying to sell the property
when we gone and told to police station, they say get a private complaint filed in criminal court and get order , since this is a civil matter:
PLEASE ADVICE, WHICH SECTIONS ARE APPLICABLE TO THIS ACT
Asked 3 years ago in Civil Law from Hyderabad, Andhra Pradesh
you have to take out contempt of court proceedings against your cousin . if property has been sealed you have to move the civil court  and point out flagrant violations of court orders , court will take necessary action against your cousin
Ajay Sethi
Advocate, Mumbai
23116 Answers
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1. Police is legally right in advising her to go to court. She should have obtained the possession of the property if the court had ruled in her favour. Why did she not act for 10 years? No muscle power works before court. If she feared that her cousins will cause her any harm then she should have pointed this out to the court when the bailiff's assistance was provided by the court.  

2. Now let your cousin initiate contempt proceedings against her cousins for violating the judicial order. They can be imprisoned. She should also immediately file a case for seeking a stay on the sale of the property by them.
Ashish Davessar
Advocate, Jaipur
18057 Answers
445 Consultations
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