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Manish Sharma (Legal adviser for land and revenue)     13 June 2016

Interim relief by civil court

Dear Sir, I won a case and my cross TI was accepeted by the civil court wherein the ownship of land was given to me and the apposite party was barred from entering the land. Under special consideration the apposite party moved an application asking for time to apply in high court, An interim relief of 30 days was given to the party to appy in high court. The judgement was passed on 26th of April 2016. The apposite party applied to high court on 24th of May 2016. He case was not heard on that day and next date of hearing is 27th of July 2016. Now the appoiste party has gone to the police station stating that the matter is now pending in high court and I should not be allowed to use the land unless there is any order by high court. Police is also supporting the claim by the apposite party, Please advice if this is right, I have contacted many local lawyers but they donot have anything in wirting wherein I can prove that the period is interim relief is over and unless he produces any order from the high court the lower court orders will be considered. Please help me in this matter if there is any decision by any court related to interim relief please mail me the same at manishrazdhan@gmail.com it is very urgent.

 

Regards

 

Manish



Learning

 5 Replies


(Guest)

Sir,

No decision is required. Just because the suit is pending before the High Court it will not stay the district court's order. As you have mentioned above, High Court has not even heard the matter yet. Just take a lawyer along with you and use your property according to your will. I dont think police will interfere without any order.

Regards,

Rit Arora

7838737001

Manish Sharma (Legal adviser for land and revenue)     13 June 2016

Dear Sir,

Thank you so much for your quick response, Since the person is MLA the police is supporting him. But seeing our efforts one senior official has requested for some thing in the law stating the same that you have mentioned in your mail. He is misguiding  the police officials stating that since the matter is in high court the state will be active unless the high court gives an order. Please help me if you have any quote from any high court or supreme court.
Regards
 

(Guest)

Sir,

Dont be guided by the police. Know your rights and have a counsel ready with you in case some official tries to disrupt the work. If there is no stay on the order of the court below, it means there is no stay. You are not here to teach law to the policemen. Just tell them if they do something which is beyond the scope of their powers you may always take action against them also including contempt of courts. You should be the one asking them to show you the order which is directing the policemen to interfere with your fundamental right to enjoy your property. Dont be misguided by policement sir.

Regards,

Rit Arora

7838737001

Manish Sharma (Legal adviser for land and revenue)     13 June 2016

Dear Sir,

 

Thank you for your immdiate response, I have told them many a times but every time they issue me letter of 151 cpc. Now they are planning for 145 in order to support the MLA. My only requirement is that do we have something in writing from High court or supreme court to put a stop on the activities of Police. Please send me if you have something like that on manishrazdhan@gmail.com

Regards

Manish


(Guest)

Sir,

Thats why I am asking you to engage a counsel to help you out there.You have a courts order in your favour, you need not be worried by the proceedings before the executive magistrate ( 145 crpc) when the dispute is already decided. Even if you are called just go and state facts. and sir please stop worrying about 151 cpc. Its a provision under which any party may file an application to the civil court. Just engage a counsel who will see to the matter

Regards,

Rit Arora


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