Good day,
I had issues with my property boundary which I cleared by having Taluk Surveyor through proper channel and we had put in boundary stones in presence of him. Neighbour agreed what the official did and signed the paper. Then we started making boundary walls after two days.
This time he came in and opposed building of wall and started caliming for a 3.5 feet access through my property to his property even if the surveyor told everbody on the first day that there is no such access road as per official sketches and we know that none of the deeds say anything about any access way present. We stopped the job.
After few hours we saw a commission visiting the plot and asking us about the access road. (the boundary has been used by them as a quick access to the road, some times, this was the big mistake we did) And handover us as an injunction order which tells us to stop all the job related to boundary wall and give access to this guys till this get resolved by court.
He is claiming for this access, but the reality is this :
He has a proper 3.5 feet access way to main highway from one side (East) of his plot which was given (free as he is our relative too) by my mother 20 years ago when he approached for it.
He has another 3 feet access way to main road from opposite side (west) of his plot which is atleast 40 years old.
Plot related to claimed access way has been given to his daughter (he still have joint authority of this land on the deed) who already purchased 3 mtr wide plot as access road to main highway.
Sir, My question is :
- how I can vacate this injunction order or what is the procedure to get this resolved through court so that I can make my boundary wall and kill this issue forever in a speedy way. I am on my vacation and have to travel back to abroad for my bread and butter as soon as possible
- Presently they are trying to make evidence on this access path as far they can.
Please see attached drawing..
Thanks for your time.
Biju
