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mrmrHarsha (Engineer)     11 February 2014

Courst stay order on house construction

Hello,

Our neighbour has brought a court stay order on our house construction on our land. He saying that we should leave 3 feet from his compound wall and has made false allegations that we have constructed house overnite and other very bad false allegations.

The thing is that he himself hasn't left 3 feet as partition and insted asking us to leave 3 feet from his compound wall.

Could you please let me know as what are the available options to handle this. We have appraoched our lawyer and he mentioned us not to worry.

I thought of utilizing this forum to seek expertise inputs to resolve the case peacefully.

Thanks in advance.

regards,

Shriharsha



Learning

 4 Replies

Chellapandian (Legal Consultant)     11 February 2014

Dear Mr Sriharsha,

Couple of questions to you before we comment on your issue.

1) Which place is this(state and city)?

2) Did you represent  the stay or it is ordered as ex -party?

3) Could you please let me know what kind of stay(injunction) it is (interim?).

4) Is there any civil suit in place already between you and your neighbour ?

 Thanks,

Chellapandian.K

mrmrHarsha (Engineer)     12 February 2014

Hello Chellapandian,

Here is the response to your questions:

1) Davangere, Karnataka

2) Didn't understand your question. The Stay is aginst one of our family member under whom the land is registered on which the house is being constructed.

3) Interim

4) No

 

Thanks

Shriharsha

Chellapandian (Legal Consultant)     18 February 2014

Dear Mr Sriharsha,

With the assumption that you got "DTCP" approval for your land .

3 Metres between two adjacent survey numbers is mandatory for approval.

Have you ever had a chance to measure your land by appointing official surveyor?

It looks with the grant of stay in opponents favor that we are in deficit complying mandate.

Since he initiated the proceedings it fell in favor of him.

please initiate the negotiation with your neighbour through a reliable lawyer, 

Our primary focus is to vacate the stay and proceed the construction without any hindrance.

Wish you all success.

Thanks,

Chellapandian.K

 

 

 

mrmrHarsha (Engineer)     18 February 2014

Thank you Chellapandian.

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