Under Section 39 of the Specific Relief Act, a Mandatory Injunction can be sought to direct the defendants to demolish illegal temporary structures (huts) and restore the status quo, alongside a Permanent Injunction to restrain future entry.Civil courts are generally conservative. If trespassers argue that they have been occupying the land continuously (as they lied to the police), courts often treat the dispute as a loss of possession, which requires a Suit for Possession under Section 5 or 6 of the Specific Relief Act.

File a Suit for Mandatory Injunction (to clear the huts) and Permanent Injunction, accompanied by an Interlocutory Application (IA) under Order 39 Rules 1 & 2 of CPC for a temporary injunction and immediate Police Aid (under Section 151 CPC),  you may also add an alternative prayer for possession under Section 6 of the Specific Relief Act (which applies to dispossession without consent within 6 months and does not involve long title trials).

You can file the civil suit naming the primary trespasser (the 2018 offender) and add "Unknown Trespassers / Squatters" as co-defendants.

File an IA along with your suit requesting the court to appoint an Advocate Commissioner to inspect the suit property to record physical features (presence of huts, current occupants, condition of demolished walls), identify the occupants on-site, and submit a detailed report with local sketches/photos.

The Advocate Commissioner's report serves as neutral evidence for the judge. Based on this report confirming recent illegal encroachments, the court can grant Police Protection / Police Aid under Section 151 CPC directing the local Station House Officer (SHO) to assist in clearing the unauthorized huts.

Under Section 23 read with state rules (Telangana Rules Rule 21(3)), District Magistrates / Revenue Divisional Officers (RDO) acting as the Senior Citizens Maintenance Tribunal have summary eviction powers to protect the property rights of elderly citizens. While primarily aimed at family disputes, courts have upheld that Senior Citizen Tribunals can issue eviction orders and direct police protection when elderly citizens are illegally deprived of their property. This administrative route moves faster than a civil court trial.

Your advocate mentioned recovery of possession because the trespassers erected new huts in 2024 and claim long-term residence. Under Article 65 of the Limitation Act, if someone is in settled or open adverse possession for over 12 years, a simple injunction can become complicated, and courts sometimes lean toward a comprehensive title/possession suit.

/)to be completely safe against technical objections of "settled possession" by new squatters, a well-drafted suit praying for declaration of possession / mandatory injunction to remove structures is safer than just a basic injunction.

3)Filing an interlocutory application (IA) for the appointment of an Advocate Commissioner is the fastest way to create legally admissible evidence of the current ground reality (the newly erected huts and current occupants). The Commissioner visits the site, notes the physical features, takes photos/measurements, and submits a report to the court. This report neutralizes the false claims of "residing for two decades" and forms a solid basis for seeking interim police protection or mandatory status-quo orders.

1. Suit for Recovery of Possession vs. Mandatory Injunction

Given that the trespassers have constructed huts and are residing on your plot, you are effectively dispossessed, and the appropriate remedy is a suit for recovery of possession with a consequential injunction. The Supreme Court has held that a suit for mandatory injunction is not maintainable when there is a substantial dispute over possession, as an equally efficacious remedy—a suit for possession—exists. While a mandatory injunction may suffice where only a minor encroachment exists, the presence of huts and habitation constitutes a clear dispossession. Your title is not in dispute, but the defendants’ possession is adverse; thus, you must seek a decree for delivery of possession. A mere injunction would only restrain future interference, not evict the current occupants. Filing a recovery suit, therefore, is the correct and safest legal route.

2. Suit Against Unknown Persons and Appointment of Advocate Commissioner

You may file a suit against “unknown persons” and simultaneously file an application under Order XXVI Rule 9 of the CPC for appointment of an Advocate Commissioner to conduct a local investigation. The Commissioner will visit the site, identify the trespassers, note the nature and extent of the huts, and submit a report to the Court. This report will help the Court ascertain the true factual position and will be crucial evidence in your favour. Based on the Commissioner’s report and your title documents, the Court can grant a temporary injunction and also direct the police to provide protection for execution of the decree. This is a standard and effective procedure in encroachment cases.

3. Speedy Trial and Police Aid as a Senior Citizen

As an 80-year-old senior citizen, you are entitled to request priority hearing from the Court. Several High Courts have given precedence to cases involving senior citizens, and the Telangana High Court has also shown sensitivity to the age and health of litigants. In your plaint and interim applications, specifically mention your age and health issues and pray for early disposal. Additionally, the Court can, in its decree, specifically direct the police to render aid and protection for implementation of the eviction order. You should also file an application for police protection along with the main suit, so the Court can pass appropriate orders at the earliest.

Sir/Madam,

As a senior citizen, you will get the option of speedy trial, you are suggested to visit/write to Supdt of Police/SSP/DCP of the area and also to SDM regarding all the issues of trespass and it is sure that you will get the desired support in removing the trespassers. If you don't get support within 15 days of filing complaint, please file written criminal complaint with CJM/CMM asking direction to police to register FIR against the miscreants. Also, file application for survey by court commissioner and get the details of the trespassers. Only after getting the details, you will be able to file civil cases of injuction etc. In most of the cases, appropriate action by SDM resolves the issues.