Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

can my neighbour get stay order court stay order

(Querist) 24 September 2017 This query is : Resolved 
Hi
i have bought an old house recently of 250 sqr yrds. I want to demolish the old house and construct a new house its place.
Before buying the plot i checked all link documents and the plot was indeed registered in the name of the person from whom i bought it. I have done registration of this plot in my name after buying it and also acquired a building permission from local munical body. I am also in the possession of the property and mutated the properrty in my name in local municipal council, electricity and water.
Now one person approached me and said that the plot is under litigation and there is a court case pending and that he will not allow me to do any construction on yhis site and that they are the actual owners of the land.
i then confronted the person who sold this plot to me for hiding this peice of information from me before buying the plot and he told me that the case is indeed pending in court but he is the actual owner and that the case will go in our favour anyway.
he gave me the case papers and explained to me about the case as below

The first owner who had 1 acre land and he sub divided it into plots and sold it under registered sale deeds to different people. i bought it from the person who in turn bought it from the first owner in 1995.

The person who has approched me and said he will stop the construction is the petitioner in the ccase and the first owner of the plot who divided 1 acre into sub plots is the defendant in the case.

the defendant who is my first owner won the case in the city civil court in 2010 and the court gave the judement in his favour confirming the title on the land and his own.

The petitioner has now appealed in the same court against the judgement and it is pending in the court since 2010 to till date.

The person from whom I bought the land is saying that the petitioner does not have any right on thr property and he already.lost the case in court as he could not prove his ownership over the land. he is filing cases just to take advantage of the pendancy of case in the court to harass people who are original owners and he said that the appeal will also go in oir favour.

in this scenario

1) can the petitioner stop my construction? can he get stay order from court? i have thr building permission and also registered sale deed with me.

2) can he complain to police showing the pending case appeal papers and do the police have authority to stop my construction? provided he actually lost the case in court and now appealing against that decision.
3) will the local.munipality stop my construction if he complains to them? i have already obtained the building permission.
4) what steps can i take so that he does not cause me any issues during construction?

Please help. Your advice will be greatly appreciated.
Nemath Mohammed (Querist) 24 September 2017
please help
Nemath Mohammed (Querist) 24 September 2017
please help
Vijay Raj Mahajan (Expert) 25 September 2017
Unless there is stay order of the court there is no need to worry and start the construction work. The stay order or injunction order can be given by the court where the case is pending and in order to prevent any ex-parte order by the said court you can file a caveat thus preventing any such order without giving you prior notice.
Vijay Raj Mahajan (Expert) 25 September 2017
Unless there is stay order of the court there is no need to worry and start the construction work. The stay order or injunction order can be given by the court where the case is pending and in order to prevent any ex-parte order by the said court you can file a caveat thus preventing any such order without giving you prior notice.
Guest (Expert) 25 September 2017
There is no cause for worry till he actually gets any stay order on merits of the case. To avoid any ex-parte stay order caveat is a better choice for you, as per the advice of Shri Vijay Raj Mahajan.

R.K Nanda (Expert) 25 September 2017
agree with above experts.
Nemath Mohammed (Querist) 25 September 2017
Thank you so much Vijay Raj Mahajan sir and Dhingra sir for your advise. I will start the construction on the site and see what this person can do to stop my construction. I wil get back to you if he manages to get any stay orders from court but I doubt he will be successful to get tgat.
Thanks again
Nemath Mohammed (Querist) 25 September 2017
Thank you so much Vijay Raj Mahajan sir and Dhingra sir for your advise. I will start the construction on the site and see what this person can do to stop my construction. I wil get back to you if he manages to get any stay orders from court but I doubt he will be successful to get tgat.
Thanks again
Rajendra K Goyal (Expert) 25 September 2017
Agree with the experts.
Guest (Expert) 25 September 2017
You are welcome. ........
Dr J C Vashista (Expert) 27 September 2017
Contact, consult and engage a local lawyer for such a long story.
Ms.Usha Kapoor (Expert) 09 July 2018
Agree wITH Vijay Raj Mahajan


You need to be the querist or approved LAWyersclub expert to take part in this query .


Click here to login now



Similar Resolved Queries :