You have to first enter appearance in the case and file a petition to vacate the interim injunction order.
Then you can obtain injunction against their construction by filing a suit for declaration of your with injunction.
How to stop injuction order of the Court by the Court?
There is a Land of 7 guntas which belongs to my Father since 1985 and in 2014 he gifted the land to Me, my brother and sister by making it into 3parts and done registration on our name. We also paid Lrs and Vacant Land tax on our name's as it was registered with our names. Suddenly now an unknown person came to our property and started creating problems to us saying that it is him.But the property belongs to us as we were trying to start the basement work for construction of boundary wall but he is trying and stopping the work. As I stay far from the place one of my relatives said that the other party took injuction order from the Court and he started construction work But actually the land belongs to me so is there any Possible to get the orders from the Court to stop their work and their injuction order. So that the Court gives the justice after Seeing the genuine Documents and deliver the judgement.
Asked 7 years ago in Property Law
Religion: Hindu
8 Answers
Sir firstly you need to.check.whether there is such order or not if there is any such order and same is.exparte.you need to file before.court to set aside same.
Further you need to to file a suit for.permanent injunction and possession against same person.
You can file a petition to vacate the injunction order then File a suit for permanent injunction and in such case the competent hon'ble court may be granted relief interim injunction or temp injunction to you. As per Encumbrance Certificate and title deed you are the sole owner of the said property.
If the order is exparte try to set aside the same. You will get the opportunity to project your case. Once the injunction order is vacated and set aside he can't do any construction
Have you been made party to suit proceedings
if not you shoukd make an application for being added as party
3) take out application for setting aside stay order
Was the injunction order obtained ex parte?
Make a recall application to court to set aside stay order
Have you entered appearance in the suit and filed your reply?
Have you engaged a lawyer to represent you?
If trial court doesn't recall its order, you will have to file an appeal from order
If the order has been obtained then you will have to approach the HC and get a stay on the order.
get in touch with a local lawyer.
regards
Dear Sir,
Immediately hire the services of Senior Civil Advocate and see that injunction order is vacated if no favourable order is given by Lower Court then approach Higher Court and see that constructions are stopped immediately on the basis of title documents which are with you.
