Illegal constructions.
basavaraj shiromani
(Querist) 27 November 2013
This query is : Resolved
Plaintiff filed a suit for an easemntary rights against the defendant. he was also filed an application for the interim to prevent illegal constructions on the suit property which case came to be dismissed. on the strength of the said order, the defendant erected his building on the suit property during pendency of the suit.
what possible steps are to be taken by the plaintiff.
R.K Nanda
(Expert) 28 November 2013
was any interim order was granted by court?
T. Kalaiselvan, Advocate
(Expert) 29 November 2013
If the IA for interim injunction was dismissed, the defendant is not restricted to proceed with the construction, he is right in doing so, you may go for a revision before the high court
prabhakar singh
(Expert) 29 November 2013
Appealing against refusal of interim injunction is an other matter.
To me plaintiff should amend his plaint alleging construction raised during suit proceedings claiming demolition and possession as consequential relief.
