Getting on construction on my property
Tichra
(Querist) 24 May 2015
This query is : Resolved
Hi there,
I have got a ancestral property on which a local politician is trying to build boundary on the property. I have tried getting stay but his lawyer is not appearing in the court and getting dates postponed. After 1 week the courts will be closed for a month and I am afraid, he would misuse his power and construct the boundary on that land where I will not be able to help.
Can you please advise what option do I have?
Regards,
MAMTA
(Expert) 24 May 2015
You can take photograph and/or video with time and date of your property and apply to court to give status-quo till the reopening of court with showing other side's behavior of taking dates and also attach the photo and/or video with application on record in court. which will help you even in future i.e. if he take undue advantage of court's vacation.
Dr J C Vashista
(Expert) 26 May 2015
Besides the expert advise of Ms. Mamta, which I agree, you can move to the court even during vacations and you can get a stay order by Vacation Judge (on merits).
Tichra
(Querist) 26 May 2015
Thanks Ms Mamta and Dr Vashishta for your reply.
I have taken the pics of the place as of now, but I learnt, that he is getting the construction done on the property during the June and then I would be fighting a different case with him for possession of the property. As you would agree some of these cases would continue run for generations.
To Dr. Vashishta's point, do I need to go to the Vacation judge in the District or can I directly approach High Court to get the stay.
MLA's would be able to influence the decision in their local area but I hope, it might be a bit of fair chance for me in the High Court.
What do you advice?
MAMTA
(Expert) 26 May 2015
you can not directly approach High Court before that you have to go before vacation judge and if no relief is granted then only you can approach higher authority. While filing application for stay you disclosed the fact that the other side is influential person which may jeopardize the case out come.
T. Kalaiselvan, Advocate
(Expert) 29 May 2015
You can file an injunction suit in the vacation court itself, The vacation courts are meant for this purpose only (emergencies)
Dr J C Vashista
(Expert) 29 May 2015
Where is the property located and what is its valuation (as per circle rate) for fixing pecuniary jurisdiction of the adjudicating Court.
If suit property is in Delhi, District Judge can accept suit valued up to 20 lakh and beyond that you will have to approach High Court (Original ordinary civil jurisdiction).
Consult your lawyer.
Rajendra K Goyal
(Expert) 02 June 2015
Agree with the expert Dr J C Vashista ji.
