Dear Experts,
Kindly help me for one query.
We have in possession from my grandparents time. When we start house construction, some people not allowed to do construction. So, we went to Prl.Junior Civil Judge Court and got Temporary Injunction order (in that clearly mentioned " all defendants are restrained by granting temporary injunction order till disposal of suit"). We put the case against 2 opposite parties. One of them are expartee in it. Other party who are contestung went to District Court by filling CMA for stay on temporary Injunction order. Currently, stay is not granted to defendants and its in trail stage.
Still, the expartee defendants are obstructing us and not allowing to do construction (just in view of court they are expartee). These expartee are ruling party members, so, the police are not taking complaint their criminal activies(they beat my sister).
please help us for below
1. Is it okay to do construction while CMA is under trail ?
2. How to stop expartee defendants activities?
3. Is it okay to get police aid from lower court and again they may go higher court against it?
1.
1. Since the land belongs to you, in my opinion, you can carry out construction in your land.
2. You can either file a police complaint, bring a lawsuit against them for nuisance or send them a legal notice asking them to stop their activities.
3. Yes, if they are the losing party, they can appeal to a higher court after the judgement of a lower court.
Regards,
Anaita Vas
