Sec. 5. (a) After the hearing on the order to show cause, the court shall:
(1) consider the pleadings, evidence, and testimony presented at the hearing; and
(2) determine with reasonable probability which party is entitled to possession, use, and enjoyment of the property.
The court's determination is preliminary pending final adjudication of the claims of the parties. If the court determines that the action is an action in which a prejudgment order of possession in plaintiff favor should issue, the court shall issue the order.
(b) The court may issue the prejudgment order of possession in favor of the plaintiff if the defendant fails to appear at the hearing on the order to show cause.
(c) If the plaintiff's property has a peculiar value that cannot be compensated by damages, the court may appoint a receiver to take possession of and hold the property until further order of the court.
[Pre-2002 Recodification Citation: 32-6-1.5-5.]
As added by P.L.2-2002, SEC.15.
Structure Indiana Code
Article 30. Causes of Action Concerning Real Property
Chapter 3. Ejectment and Quiet Title
32-30-3-1. Action for Ejectment or Recovery of Possession of Real Estate; Plaintiff's Affidavit
32-30-3-2. Order to Appear; Order to Show Cause; Requirements
32-30-3-3. Preliminary Order for Possession; Required Findings
32-30-3-6. Order of Possession; Prerequisites
32-30-3-7. Order of Possession; Requirements
32-30-3-9. Order of Possession; Delivery; Service
32-30-3-10. Removal of Occupants Within 48 Hours Service
32-30-3-11. Executing Officer's Return of Order of Possession
32-30-3-12. Final Judgment Supersedes Prior Orders
32-30-3-13. Actions in Plaintiff's Own Name
32-30-3-15. Statutory Construction
32-30-3-16. Action to Quiet Title; Service
32-30-3-17. Entry of Orders and Decrees in Civil Order Book; Quiet Title Record; Index Requirements
32-30-3-19. Procedure to Claim Title From Nonresident Presumed Dead
32-30-3-20. Action to Quiet Title of Real Estate Exempt From Sale on Execution