Disputed passage
Dipa
(Querist) 24 February 2017
This query is : Resolved
Dear Experts,
I was in a case of a disputed passage in-front of my house , which is our only entrance to home. We constructed a garage and our neighbour put a wall in-front of the garage along the side of the passage.
We filed a civil suit in civil court and we won the case. The Honorable civil court (Jr. div.) has ordered to break the wall and given us all sorts of rights.
Then our opponent lodges the appeal in the district court and again we won the case where Honorable district court has dismissed the appeal .
Now we are filing a execution of the order in the civil court.So that court sends the people / police to break the wall. Now I have heard that they are moving to high court , Now My Question to the expert community is below :
1. Can they get a stay on the order without informing us.
2. I filed the execution case to break the wall and police came to break it and opponent shows them/police the stay order / any paper and asked them to go back so will police return from the place without executing the order ? In that case I will face monitory loss as the execution did not happen.
Please advice . I really need your expert advice. Please help me.
Kumar Doab
(Expert) 26 February 2017
You seem to have your own counsel well versed with matter.
Ask your counsel if caveat can be filed, by you.