Validity of stay of construction in alld hc

S Sengupta (Querist) 06 August 2016 This query is : Resolved
Honorable Sirs,
I have been a member of your forum now nearly six yrs but was always hesitating in putting any query.
I and my brother have been unnecessarily embroiled in several cases (civil and criminal) . Our land is part of a large parcel of land shown by black border in map. Land has been in our possession since registry in 1936. There has been a case for easementary rights in 1971(case 1243/71 in Munsif court) that was decided in our favour in 1977. But in that case also only a very small tract was claimed i.e. D-C-H-G and rest land was shown as land in our possession which was correct.
Now even though plaintiff’s main basis of case no 1165/09 in Junior Div court based on a map by Nagar Nigam claiming ownership of land to south and west of his sanctioned map no has been proved wrong, case is lingering on .(map is enclosed)
Another unfortunate part is that these neighbours had filed an appeal in Alld HC (Case no 41654/12) against lifting of stay order granted by DJ to construction stayed by Judge junior div. in case 1165/09. In that they had submitted morphed papers at HC. I failed to understand why inspite of caveat in HC my Lawyer did not give any written submission and without any written submission, construction was again stayed at HC in first sitting itself. Now 3½ yrs hence no Rejoinder has been submitted by the plaintiffs but they have put up a big notice on their wall so that prospective buyers get discouraged.Enclosed)
I am at my wits end. That building in the market values at about 3 cr , all my savings stuck in that project, I was practicing from that premises but after my door broken down I resigned from my job in SBI as Sr Med. Officer and stopped going there. Last time I filed an FIR a counter Esteghasha filed by them has got me going to court on every date for attendance however false it is. So breakage of door I did not report this time.
Pls tell me whether stay against construction in HC is a life long affair or time bound ?—the case is not being listed or listed very much low down.
Also pls tell me whether the old judgement of 1977 which was never challenged is still valid ?

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