krunal (owner) 30 September 2015

Lis pendency???

hello sir

i have a land of 10 guntha in maharastra in palghar . the land is a residential land and i have put file in collecter office for change of use to commerial land . x party went in court and registred a case against my land for his right in kul kaida law .the 7/12 and farfar is clearly showes that his kul was removed in 1968.after that i am the third owner of the land and the land had got NA order in 1971 itself from previous owner . i am facing hearning in collecter office about lis pendense which x party got registred in my land name for court case gng on. can collecter give me permission for change of use to commerical if lis pendense is there .the x party has not got any injuction temp/perment on my land.if you can help me by providing some article or circular judment which i can show collecter that he can give me permission if lis pendency is there it wil be greafull to you all. please do help me

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Anand Bali Adv. (Advocate Solicitor & Consultant) 30 September 2015

The fact is , Collector can not pass any order relating to the land concerned against which any case is pending in the court. As the status of the land must be the same as to the point of the time of filing the case; however in case the properitery rights of the land are in your name and there is no injunction order is passed under Ord 39 r.1,2 you have all rights to get it converted to commercial land as you already have been aplied for.However it is further suggested that you should not hide this fact of les pendency in the eyes of the District collector's court.

Please contact me you will be getting many good citations on this ground.