Guidance
UMMkalantar
(Querist) 04 April 2015
This query is : Open
Dear Experts
The brief of past of the case (we are plaintiff):
Our OS is dated July 2013 (Emergency & Permanent); the defendant also filed OS in July 2014. Both are together heard by the same court. Our OS suit in the City Civil Court is for bare injunction restraining the defendants from interfering with the plaintiff in demolition and reconstruction of a three storey building. Inspite of the Police complaint, the Hon’ble High Court direction to Police to enquire based on our CSR and the municipal corporation letter to police to provide police protection to demolish the un-demolished single storey, we are unable to commence demolition work for which the police authority cites the reason of pending court case.
To protract and prolong the case, the defendants filed interim applications on the ground that our plaint suffers from insufficient cause of action and court fees etc under O7R11 of CPC. The learned judge rejected which was again contested by the defendants in the High Court as revision petition under article 227 of the constitution, which was also dismissed by the Hon’ble High Court; consequently connected miscellaneous petition are closed. No Cost. We are awaiting interim order.
Yet to be demolished one floor is in a dangerous condition of collapse which is danger to public and traffic, that is mentioned in our plaint. We could not go near our building. The defendants are unlawfully threatening us. Further, we are forfeiting our Municipal charges paid for planning and building permission due to target time expiry which is over one lakh rupee.
Experts what additional steps we have to take start our demolition works. The next summer holidays are going to come? What is the significance of interim order of our prayer?
The defendants threatening us with further writ petition to protract the case? Is it permissible?
Thanks in advance.
