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Querist : Anonymous (Querist) 18 December 2011 This query is : Resolved
Dear Sir/Madam,

Basically i am from Bihar and by profession i am Manager Telcom Engineer. My Father was Central government employee and now he has dead. We have ancestral property in Saharsa, Bihar. we are leaving from 1965 After new map configured the pla\ots are rearrange on this position.so the other person near by my plot has rezite the plots are OK but the old map of my plot is ok. So that is the mad person he doesnot talking of right way. so we title of this plot , and running more than 10 yrs.after title is dissmiss. Again we try to challaenging title for decision and other party is construction contineu by forcly.

Please suggest me what should what is action for my side.we are two brothers both are leaving out of station.

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adv. rajeev ( rajoo ) (Expert) 19 December 2011
Whether you had filed any suit? If so what is the result. From your question it seems that your suit is dismissed and you have filed an appeal. If appeal is pending file an application u/o 39 r 1 & 2 as not to construct the building till the disposal of an appeal.

Devajyoti Barman (Expert) 19 December 2011
Yes file immediately a suit for declaration and injunction against such construction.
You should also pray for appointment of a survey passed Commissioner to take measurement of the disputed boundaries.

V R SHROFF (Expert) 19 December 2011
Agree with Devjyoti:

Recent Report and Survey of your plot , will help you get STAY ORDER as Suggested by DB & Adv Rajoo. Quickly file civil suit with injunction order u/Order 39 R1 & 2 and get status quo / stay.

Raj Kumar Makkad (Expert) 19 December 2011
As your civil suit has already been dismissed against which your appeal is pending before district judge so it shall be appropriate for you to get appointed a local commission and get stay order against further construction and alienation of the suit property otherwise the same shall multiply the litigation between the parties in dispute and you shall suffer an irreparable loss.

Your lawyer at Saharsa must have taken this step had you told him true facts of your matter. You make enquiries from your lawyer and then post your subsequent query in this thread only.

kusum gupta (Expert) 19 December 2011
we would like to see the case file in complete before giving you firm legal opinion from here onwards.

kusum gupta advocate

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