Hi i own a land for more than 25 property bought in 1984 years there has been a cross registration of my land on someone else my people claiming hereditary. Now i have filed for cancellation on 2010 and there has been a ex party decree on my favour for complete possession. Again the case was numbered by the defendant citing health reason and during corona the defendant has started constructing the plot when there is a legal case going on.what should i do now.my lawyer is asking me to wait.
1. I wonder what on earth has tromped your advocate to to ask you to wait.
2. if there is a decree ask the Police to stop his construction work.
3. If he has not filed any appeal against the ex parte order/decree in your favour then the same is final and the Police is bound to implement the direction of the court.
4. if it does not then file writ petition in high court seeking direction uon Police to implement the order/decree passed by the civil court.
1) seek injunction restraining carrying on construction on property pending hearing and final disposal of suit
Bring an Injunction order from the jurisdictional competent court to stop further construction of building on your plot.
Please request your lawyer to move the court for an order for restraining the other party from undertaking any construction on the disputed property and for maintaining its status quo till disposal of the suit.
What is the suit for?
Whe the case is pending construction should not be done.
Regards
G.Rajaganapathy
High Court of Madras
You may have to file an application seeking ad interim injunction to restrain the defendant from further constructing the structure till the disposal of suit.
If, for any reason your application is not entertained by trial court you may have to approach high court with a revision petition
