Manju 29 November 2020

Os suite - need to clean

Hi Sir/Madam,

I need help from you for one query. Please help me.

I have filed one OS Suite on site(which consists of vacant land + my family living old house + old sheep shed) against some persons in 2019 Feb for Permanent injunction and an IA also filed for interim injunction in Principal Junior Civil Judge Court stating to give relief from objection of construction of house. Hon'ble Judge not given interim injunction as he need to listen opponents voice. Opponents written statement accepted by court by considering set a side petition of opponents with penalty as they does not submit written statement within 90 days time. We have submitted 3rd party affidavits also to strengthen our case to show suite property is in our control only. Hon'ble Judge listened opponents claim and refused their claim directly and he verified documents. The marking of a document as an exhibit also happened. After this COVID-19 lock down came and no trials are happening now.

Now, I need to do 1. clean vacant land(to avoid water storage due to heavy rains as opponents stopped water flow from this suite property) , 2. destroy old sheep shed, 3. construct small portion of compound wall if possible. Is it okay to do at least 1 and 2 ? if no, how many days are required to give interim injunction after marking of documents done? or is there any other way to file it in High Court ? My advocate is suggesting wait some time, but this is time for my marriage proposals and I am 29 years male and so many marriage proposals are getting cancelled due to lack of proper house. Hope you experts can understand me. I am feeling very sad.

Please help me. If any other details required, I will share. Thank you so much.

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5 Replies

G.L.N. Prasad (Retired employee.) 30 November 2020

When an advocate is attending your case, at an appropriate time, he can file such a petition and get permission from the court under exigencies subject to final judgment. Never ignore your own advocate who is well versed with facts and law.

P. Venu (Advocate) 30 November 2020

What is the cause of action? What are the grounds for seeking injunction?

Who is the owner of the land? Who is in possession?

Manju 30 November 2020

thank you sir, my family is in possession of nearly 20 cents land(17.5 cents my grandfather share from 1941 document + 3 cents purchased land with specific boundaries in 1962). My family is in possession since 1962 and my grand father constructed very old house also in 1960's. We have fence(thorns : mundla kanche in Telugu) also. Now, 3 cents sold persons legal heirs are objecting us for their remaining share and claiming my grandfather's share is theirs share. 3 cents sold person is also share holder in 1941 document. (Actually, 3 cents share holder sold remaining his share to some others with out sale deed and other people are in possession.) Many transactions happened in remaining share holders land and all are constructed houses also.

G.L.N. Prasad (Retired employee.) 01 December 2020

Manju garu, It is very difficult for anyone to guide you on a chronic issue where transactions took place since 1941 since grandfather's time. There are limitations to the online forums in providing precise guidance. It is just like chronic cancer in a third state seeking medical advice over the phone when several diagnostic clinic examinations and scans are required. Hope you will understand..