File police complaint against uncle for criminal intimidation 

2) if police refuse to lodge FIR file private complaint before magistrate 

Since the SDM already partitioned the land and gave possession, the opposite party’s move for repartition is only to delay. To stop them legally:

1. Civil Injunction Suit – File a case in Civil Court, Aligarh, seeking permanent and mandatory injunction. Along with it, apply under Order 39 Rule 1 & 2 CPC for temporary stay to restrain them from farming, pig rearing, or disturbing your possession.
2. Execution of Partition Order – Approach SDM/Tehsildar for re-demarcation and enforcement with police help.
3. Criminal Action – Push FIR investigation. If police are inactive, file 156(3) CrPC before Magistrate.
4. Police Protection – Apply to DM/SSP Aligarh for protection during cultivation.

Best step: Immediately file civil injunction proceedings to legally bar them from using land till your peaceful possession is ensured.

You need to seek injunction from court

You have already taken the right steps (approaching SDM, getting partition, filing FIR). Since threats and obstruction continue, the short legal remedies are:

1. Injunction / Restraining Order

• File a civil suit under Section 38 of the Specific Relief Act before the civil court (or District Court, Aligarh) seeking a permanent and temporary injunction to restrain your uncle/cousins from interfering with your peaceful possession.

• Along with the suit, move an application under Order 39 Rule 1 & 2 CPC for an interim stay order so they cannot cultivate, rear pigs, or disturb your share until final disposal.

2. Criminal Protection

• Since there are threats to life, you can file a petition under Section 107/116 CrPC before the Executive Magistrate for bond of good behaviour.

• If police is not acting due to local influence, approach Superintendent of Police (SP) Aligarh or file a writ petition under Article 226 before the Allahabad High Court for police protection.

3. Execution of Partition Order

• If the Aligarh Commissioner upholds the SDM partition, you can file for execution proceedings to get fresh demarcation and possession with police help again.

If the suit for re-partition is going on then even they should not do any farming activities if you are restricted from doing so.

You may file an application under order 39 rule 1 and 2 cpc to restrain them from doing any such activities which are detriment to everyone especially the opposite parties.

Alternately you can approach civil court with a suit for permanent injunction against them to restrain them from indulging in all such activities which affect the partition case and also the smooth process of the current litigation

Dear Client, 

Since you have already obtained possession under the SDM on 28/06/2025, next is to secure that possession: seek FIR for threats and trespass (and shift the Magistrate under Section 156(3) CrPC in case of police inaction), file a civil suit with a urgent interim injunction under Order 39 CPC to enjoin your uncle and cousins from farming or working on your share, and seek appointment of a local commissioner with police aid to re-mark the land; at the same time, approach the SDM/Tehsildar to re-set boundary pillars and gather evidence such as the possession order, photographs, and threat registers, in this manner you will have legal safeguard from harassment and enforceable orders to prevent them from activity on your land.

I hope this answer helps. For any further queries, please do not hesitate to contact us. Thank You. 

Given the situation of removal of demarcation pillars and threats by the opposite party despite lawful partition, the following legal steps and protections are advisable:

1. Since the partition has been completed by the SDM and possession handed over on 28/06/25, the unlawful removal of pillars and subsequent filing of a repartition case by the opposite party is an attempt to disturb lawful possession. Such acts amount to criminal trespass and obstruction of lawful rights.

2. Filing an FIR for trespass, mischief, or destruction of property is essential. Although registration was delayed due to local difficulties, persistence is necessary. You may also file an application under Section 145 CrPC (dispute about possession of immovable property) before the Magistrate to get protection and maintenance of possession until determination of the dispute.

3. To legally bar the opposite party from interfering with your land, you should seek interim injunction/temporary restraining order from the civil court or the Commissionaire’s court restraining the opposite party from performing any activities on your partitioned land, including pig farming or crop cultivation.

4. Alongside the injunction, you can request a direction for status quo maintenance under Section 151 CPC or specific relief under civil law to preserve peaceful possession until the final decision.

5. Considering the threats and potential personal security concerns, you may also approach the police to seek preventive action under criminal law for intimidation, and request protection to farm without fear.

6. Coordinate with your lawyer to ensure all possession proof documents, SDM orders, and FIR copies are properly submitted with your petition.

This combined approach of criminal complaint (to prevent unlawful interference) and civil injunction (to maintain possession and peace) is the best legal recourse to legally bar them from interfering and protect your farmland rights.

For further assistance in filing injunctions, criminal complaints, and protection measures, personalized legal help can be provided upon request.

1. Complaint to Lekhpal in writing regarding removal of boundary marks. Lekhpal will report the  matter to SDM he will conduct inquiry and get the marks restored by GP.
2. If the Gram Panchayat or a tenure holder fails to erect, restore, repair or replace the boundary marks as required under sub-section (1), the Sub-Divisional Officer may cause such boundary marks to be erected, restored, repaired or replaced, as the case may be, and recover the cost thereof from such Gram Panchayat or the tenure holder in the manner prescribed.
3. When partition is done, you cannot stop them from doing any activity in share of their land.
4. As the matter is taken to Commissioner, the partition done by SDM is in force till any decision by Commissioner.
5. If they obstruct or encroach in your share you can file criminal complaint for trespassing. If you are stopped, you can file a complaint for unlawful restrain in police.