Guidance
anbuselvan
(Querist) 23 December 2013
This query is : Resolved
Dear Experts,
Due to property dispute with our neighbour during demolition and inspite of police complaint no remedy, we have filed Original Suit in Civil ourt. Original suit is pending. Written statements and memos are disposed and promoted to IAO. At this stage, we want to change our lawer. What is the procedure. No stay from any where, can we commence our pending demolition works? What procedures we have to follow?
Thanks in advance.
Regards
Devajyoti Barman
(Expert) 23 December 2013
You can change lawyer at any point of time. After clearing all his fess just get his NOC on the Vakalatnama.
anbuselvan
(Querist) 23 December 2013
Thanks expert. What is the procedure to commence pending demolition works?
Devajyoti Barman
(Expert) 23 December 2013
Since you have already filed a suit for demolition, you have to wait till the court passes order, if any.
anbuselvan
(Querist) 24 December 2013
Thanks Expert
The building is in a dilapidated and dangerous condition. Out of three floors, ground floor is yet to be demolished since january 2013. High Court direction was given on July 2013 to enquire and take action as per law based on our CSR. Police Officials and Corporation Commissioner are informed in writing as well as personal meetings. No action is taken. In the Civil Court, the suit is promoted to IAO.
Considering the gravity of the situation, can we give a written request to the Lower Civil Court to start the pending demolition works?
Thanks in advance
anbuselvan
(Querist) 24 December 2013
Dear Expert
If the reconstruction is not started on 29/4/2013, our building permit will expire as per Corporation Approval. Now alredy expired. This is for information
Devajyoti Barman
(Expert) 24 December 2013
yes, you can..
You should have filed writ petition than civil suit which does take time.
T. Kalaiselvan, Advocate
(Expert) 25 December 2013
Now a writ petition seeking the relief will not be maintainable, so you can file an emergent petition in an IA seeking the relief inview of the grave nature of the condition of the building.
anbuselvan
(Querist) 31 December 2013
Thanks expert.
OS was filed on 11/2/2013 in the lower court.Emergency IA was filed on 29/7/2013. The memos of both parties are disposed and now promoted to IAO. Next hearing is on 6/1/2013. Our understanding is that can we submit the application to start the pending demolition work by submitting a written application stating the condition of the building to the Hon'ble Judge?
Happy New Year
Thanks in advance
anbuselvan
(Querist) 01 January 2014
Dear Expert
The cause of action is unlawfully our neighbour is blocking our work & Proper Police Complaint, no action is taken since December 12. The advocate commission appointed by the High Court endorses this view and clearly mark the boundaries of each parties with the help of Taluka Office Surveyors.
Regards
Thanks
ajay sethi
(Expert) 01 January 2014
you musty have engaged a lawyer . on next hearing draw attention of court to condition of building . further draw attention to report of commissioner appointed by court and pray for necessary reliefs in your application
Devajyoti Barman
(Expert) 01 January 2014
yes, show your lawyer all the papers or consult another advocate.
anbuselvan
(Querist) 01 January 2014
Thanks experts
Happy New Year
