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Ramya Velusamy (Analyst )     12 August 2014

Stay order

Hello, 

My neighbours have not been letting me fence my property and have blocked the path to the land. Also, recently they went to court and got a stay order saying that we are creating problems. My family lawyer is not vacating the stay order and he is saying that we can only file a law suit.

1. The lawyer has went ahead and filed a lawsuit instead of vacating stay order. Is he correct ? 

2. How can i fence my land and make them remove the blockage so that I can access the property ? 

3. What should I do to vacate the stay order ?

 

Thanks, 
Ramya 

 



Learning

 4 Replies

Suneet Gupta (www.vashiadvocates.com)     13 August 2014

Please provide details about the issue. What is the property and what is the dispute.

How can we give any advice without information. Your family lawyer must be doing what is best for you.

Mahesh Mahadeo Londhe (Promoter)     13 August 2014

Hello

         I have a stay order dated 8/7/14 was passed against my neighbour who has encroached on my N A plot of land.However before that he did not claim court's and my legal adviser's notice. Encroacher pretends that he has no knowledge of the stay order.Then we have filed for contempt of court against him.He is not stopping from constructing illegally.Pillars are erected in my plot's area and today he has started putting slap on it.Through another channel we have moved and complained to District Collector,Prant officer ,Circle officer.Circle officer has sent his say or report to Tahsildar. Tahsildar has issued direction to our gram panchayat to go on the disputed site enquire .Check the papers and take relevant action.Village development officer told us we can ask the defendent to stop the construction but if he does not we are helpless.On the other hand criminal lawyer suggested that you can demolish the illegal construction in your plot and complaint under 436 IPC  section will not be filed. Because illegal construction is consisting of only pillars and slap and has no walls and defendent is not keeping any movable property or personal belongings like clothes or utensils under it.

T. Kalaiselvan, Advocate (Advocate)     16 August 2014

@Ramya: without details, it will be difficult to give proper opinion and further suggestion to your query, please come out with details.

T. Kalaiselvan, Advocate (Advocate)     16 August 2014

@Mahesh Mahadeo Lhnde:  You should start a separate thread for your query instead of inserting your query in somebody's thread. 

Now, if the defendant is not respecting the court order, contempt of court can be filed against him and the law will teach him how to respect law if he fails to understand.


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