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Devi (Design engineer)     13 May 2012

Getting saty order

Sir,
Iam Devi belong to pondicherry. We have filed a case on property in pondicherry court. Sixyears passed away. Still waiting for judgement.

Let me describe briefly about our case. My mom has a plot.Plot no is 71. The next plot owner
sridhar and his plot no is 70.By mistake he started construction in our plot.Since its outer
area. We used to visit the plot rarely. Once we visited, we had doubt and checked with the
person from survey department.He confirmed the plot is ours and sirdhar is constructing
wrongly.We immediately told him to stop, he did'nt listened.Even tried with some influenece
guys also, he did'nt listened. So we filed a case in court. Our lawyer took photograph at
that time, the construction is just started. Its just 5 feet wall only.We asked lawyer to
file stay order at that time. He refused not required bcoz he is having photo proof.Lot of
trials over, nobody from opposite party appeared in court. So after 4 yrs trail exparty
judgement was given in favour of us. But now the opposite party lawyer reopen'ng the case
requesting to give some more time for them.we asked our lawyer, how long it will continue,
he is telling now n then.

Now the condition is the opposite party has constructed a house nstaying there for almost 5 yrs.


My query: Is it possible to file stay order? So that until the judgement comes, no one
should stay in that plot? There is possiblity the opposite party can come court

My mom is 61yrs.We want to close the case as soon as possible.

One of the lawyer told to approcach High court in chennai, as my mom is senior citizen,
considering this the case can be completed in nxt three months once order has been given to
lower court from high court.

Please help and guide us.



Learning

 1 Replies

Adv. K.S.A.Narasimha Rao (legalquestadvisor@gmail.com )     30 July 2012

It appears that you could not put forward the exact facts of the case.

For getting an injunction it is a matter of one or two days max and for permanent injunction it takes max one year if it is an exparte order, but in your case, it is almost long time of 5 years but you dont have possession of your plot. Further you say that the neighbour is in possession of constructed house.

So it requires exactly what case ur advocate filed before the court and what judgement passed  by the court and why it was not implemented so far till the other person files for reopening or does he went on appeal of the order.


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