• Trespass of property

Respected Lawyers,
In respect of illegal revocation of gift deed I have taken advise from your expert panel of lawyers. Accordingly, I moved a caveat petition in a District Munsiff Court and sent the copy of the Caveat Petition to the opposite parties under Ack due.  However, the opposite parties refused to receive the post and returned to the addressee "Refused".  Meanwhile, I have filed a plaint praying for interim injunction and for null and void of illegal revocation of gift deed.  I will be getting interim order on 26th of this month.  Meanwhile, the opposite party tress-passed my property and erected a small wall for getting an EB connection by showing his illegal settlement of documents to the EB office.  On hearing the information, I rushed to the EB office and protested.  I have produced my registered documents registered on the minors name and also the copy of the caveat petition.  I have briefed everything to the EB officials and gave a written complaint to stop giving the EB connection on the ground this this matter is in the court and therefore EB connection should not be given to the opp. parties. Now, on my plea, the EB connection has been stopped and also further construction of wall has been stopped.

Now, what are all the options available for me to take criminal action?  Awaiting for your valuation opinion.Thanks in advance.
Asked 2 years ago in Property Law from Chennai, Tamil Nadu
1) if you have sent caveat by post to Opposite parties and they refused to accept it   then it is proper service . 

2)on 26th instant when your application for interim  stay is heard and you get stay order from court draw attention of court to attempts made by OP for getting EB connection on your property . request court not to permit any such connection be granted untill disposal of your suit . 

3) dont take any criminal action till 26th . wait for court orders . then decide your next course of action
Ajay Sethi
Advocate, Mumbai
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thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
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1220 Consultations
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1. If it has been returned as ''refused'' then rest assured it has been served in accordance with law. 

2. Wait till the court passes its order on 26th. Thereafter, go to EB office with a copy of court order and ask it not to issue the connection as a stay order has been passed by the court. EB will bow down to the court order.

3. After the stay has been granted you may file a criminal case for trespass.
Ashish Davessar
Advocate, Jaipur
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449 Consultations
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