Javed Khan (Manager Projects) 19 October 2011

Neighbour creating problems while constructing the house

I live in Malviya Nagar ,Corner, New Delhi and we have our house in Wakf Board Land. Many years ago the people in that locality have won the case against Wakf Board and now continue to live in that land.

Our house is partially constructed and now we are constructing it completely. Our immediate neighbour is some sort of local goon and has intention to grab part of our land. First he tried to frighten our contractor but could not do so. He tried to complaint in MCD but we sorted it out and then he tried to bribe police again we sorted that out also.

Now after all his effort in vain now he is saying that he take a stay order from court and than your construction will stop. We are not at all doing anything and giving him any chance to take advantage of situation and doing work in our property.

I would like to Know that is it so easy to take stay order and stop constructyion of work. What else we can do if take stay order and stop our work. Is there any procedure to stop taking him stay order.

I searched on net that there is Antisuit Injunction that can be done to prevent taking him the stay order.

Kindly advise.

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5 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 19 October 2011

no there is no provision but if you have some titled document in which shows that you are the owner of the land then noone created any problem.

kumar t v s (advocate) 19 October 2011

You should consult an advocate and file CAVEATs in lower court, senior court and Dist Court at the earliest.

kvss.prabhakar rao (Advocate ) 19 October 2011

Mr Javeed Khan as stated as Kumar you should file CAVEAT before trail court. Because tostop the construction any agreevied person have to file suit. IN general suit the plaintiff will get Injunction orders from Court but not stay. I fyour have suffice proof of posession of your property you can file suit for Injuction restrain the persons and their men agents by interefereing your peaeceful possesison. to file suit for injunction you must prooof of possession. Even tress passer can file suit to protect the possession. So consult trail court civil advocate to take steps.

K.V.S.S. PRABHAKAR RAO

ADVOCATE

RAJAHMUNDRY ( A.P.)

VIJAYAKUMAR (Asst.Manager Lega) 20 October 2011

Dear Javed,

You can file a caveat in the Munsif court, Sub court and District IMMEDIATELY. Then if your neighbour file any injunction suit then he MUST give notice to you.

VIJAY

pritpal (lecturer) 26 November 2012

I am also facing same kind of problem can anyone tell me how to file a caveat what is fees of filing caveat,we have already won case in lower court,now case is in district court,and we want that the plaintiff will not move to high court for stay.