Stay order,
Querist :
Anonymous
(Querist) 12 December 2011
This query is : Resolved
a and b are neighour,they has a coman wall of their house, b renovate and start to built up second flore and for that b start to brek up a's wall and temparing in it, a file civil suit and intrim stay application against b, court issue a urgent show cause notice to b,and court commission report{ panchnama}, in panchnama commissoner mention about consructtion work in progress,and still it is in progress, as per procedure b' advocate file his vakalatnama and apply for date causing that file a W/s, in betwen that period, b complete all is building work and a cant do any thing? what is leagle remedy for a in this situtation?
Advocate Bhartesh goyal
(Expert) 12 December 2011
If B carries and continue the construction work during pendency of suit,A can move application u/o 6 r 17 of C.P.C for amenment in plaint and seek additional prayer for demolition of construction work carried out during pendecy of suit.
SACHIN AGARWAL
(Expert) 12 December 2011
Correct advice by Mr. Goyal.
Further, a can press his application for interim injunction.
Advocate M.Bhadra
(Expert) 13 December 2011
'A' if not apply ad interim injunction at earlier then 'A' can approach to the Court u/sec.151 CPC for Injunction,'A' can also seeks relief u/sec.144 Cr.P.C. in Magistrate Court duly complaint to the Police Station.
Raj Kumar Makkad
(Expert) 13 December 2011
Goyal has rightly advised but question here is what loss B is incurring if the construction over common wall between him and A is going on or has been made by B. If no loss then there is no use to continue with the case as it has become infructuous.
prabhakar singh
(Expert) 14 December 2011
agree with Expert : Advocate Bhartesh goyal
Guest
(Expert) 14 December 2011
First of all, when you have stated that there is a common wall and on the other you have stated tampering of A's wall by B, please clarify, which part is the common wall and which part of wall belongs solely to A, which was tampered by B?
Secondly, if you have stated, B has already completed construction, you have no chance as a mere application for interim stay cannot be deemed to be a stay order in itself to debar B from continuing with the construction work. So, any stay, if granted now, would be on the existing structure and go in favour of B. The stay granted to A would become ineffective, as the purpose is already defeated on completion of construction by B.
