In appellate court take out application seeking an injunction restraining him from carrying out any construction on your land
Land dispute
Hello Sir, We own land in Tamilnadu we have our registered deed, Patta, Manual EC (1972's) under my name. There is the opposite party who filed a court complaint against us in sub court. He is holding unregistered deed straight from "Receiver" and he executed deed on 2013 to another person and kept that as registered to make it legalise using different survey number but with same plot number as mine. Sub court dismissed his case with cost. This is in favour of me. But he applied for the appeal to the district court and it is still in progress. We were planning to clean the land but he stopped us entering, but he trespassed my land and constructed a small hut. We complained to the police. Police got the written letter from the opposite party mentioning he won't disturb. But I am hearing from others like he is planning to construct something. Please guide me on what to do next. If we construct he wont let us, but if we construct we don't have the power to stop. Police are saying " they can only help little because it is civil case, so it needs to come from court for further stopping."
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
Why Appeal is not heard till now?
Did you obtain a restrain order in preventing him from making alterations?
Regards
G.Rajaganapathy
High Court of Madras
No, we haven't get restrain order. Since lower court dismissed his case we thought of restraining him is not required. Heard like Sivagangai District court's Judge is affected by corona. So the appeal is pending since September 2019. I have also raised RTI regarding status. So what I can do in the meantime to restrain him? Also, I want to restrain him further selling the property to someone else. Because I am hearing he is trying to sell to others.
Asked 4 years ago
Take out interim application in appeal filed by defendants to restrain him from carrying out any construction/selling land
Dear sir/ma'am,
The police are correct when they say that they are helpless because the court alone has power to stop the other party's conduct in a civil matter like this. You can file an interim application in the appellate court where you case is pending. Through this you can ask for temporary injunction by means of a restraining order till the final hearing of the case. The fact that he has already constructed the land, which has been decided by the lower court as not being under his possession, makes your case strong enough to get the restraining order. You can also provide strong witnesses to prove his plans of selling the land and thereby demand for immediate interim relief. This will help you from preventing him to do any further alteration or selling of it. Thank you.
Since the opponent has approached appellate court with an appeal and the same is pending disposal, you may file an application under Order 39 rule 1 and 2 CPC seeking injunction restraining the opponent from interfering in your possession and enjoyment of the property, to remove the hutment structure he has built in the property lying on your name.
You can produce documentary evidences to prove that he has encroached/trespassed your property along with your injunction application.
You may have to file an application seeking injunction against him restraining him from doing all such undesirable activities in the property which would harm your interests.
You may contact your advocate and give instructions to file an injunction application as suggested.