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Sudhakar (HR)     19 February 2012

Dispute

Sir/Madam,

I have recently purchased a land. After two days of purchasing the land, my neighbor (residing in own house) built a road in one side of my purchased land and claiming that this is their access road to their house. And filed two case in district court

1) Miss cause for stay order for the newly built road in my purchased land.

2) Another cause to register this piece of land to him as this is the only access road.   

Back ground:-

In reality there is already a another narrow road ( not through my land)  for my neighbor, But  He is trying to put pressure on me like this unethical way so that if he gets the road it will directly connect another main road.

 For the cause no- 1:- Court now is setting up commissioner of enquiry to take the witness of the physical presence of road. It seems my neighbor is trying to play with money power to show that the newly built road in my land is the only way to access his house. 

I have already approached the high court for below two

A) To put the stay on the commission enquiry ordered by the lower (district) court.

B) Vacate on the stay order against the miss cause no -1 in lower court.

High court opined for hearing proceedings for the (B) i.e. Vacant for the stay order. But didn’t put any stay on (A) commissioner enquire decision of district court.

I am afraid that My neighbor will try to play money power to suit the commissioner enquire to its favor as he has already built road in my land. This ultimately may impact on the result of the main cause (2)

Although high court will start hearings for the cause (B), but I am afraid the lower (district) court will proceed with commissioner enquiry and my neighbor may get higher edge with all of its unethical ways.

Please advice me what option I left.

1)       In district court

2)       High court

With Regards



Learning

 3 Replies

advocate rajan pandurang joshi (Proprietor)     19 February 2012

It is not clear from your query as to whether your purchase document mentions about the rights of the adjoining owners. You have also not mentioned as to whether your predecessor in title is a party to the suit. However, it appears that a new easement is being created by your neighbour on your land. You are enttiled to aks for removal of the road as and by way of counter claim. Have you filed a counter claim to that effect? If you have done so, even though, during the pendency the neighbour may succeed at the initial stages, you appear to have a good chance to get the road removed at the final stages of hearing if proper evidence is brought on record to show that there was no easementary right perfected by your neighbour before he filed the civil suit against you to protect the road constructed by him.

adv. rajeev ( rajoo ) (practicing advocate)     19 February 2012

Let me know whether he has filed suit for declaration of easementary rights?  You have said that he has another road, in such case he can not claim easementary rights.

adv. rajeev ( rajoo ) (practicing advocate)     19 February 2012

Let me know whether he has filed suit for declaration of easementary rights?  You have said that he has another road, in such case he can not claim easementary rights.


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