amit 23 October 2017

Stay order for anticipated stay order on property.

I brought property from two sellers (two side by side plots) and make one registery. Also planned to make or sell it future. But my neighbore is defulter (not happy to see me as his neighbore). His one son is also lawyer in highcourt (don't no which type). I heared from someone that he don't want me to build the house on my property and says "They (myself) can't build the house here, i (that neighbore) will".

My question is - Is he can take stay order on my property for cunstruction or elase.

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Vijay Raj Mahajan (Advocate) 23 October 2017

No court in India issue ex-parte injunction order unless the opposite party served notice and heard in their defence. You want to build house on your plot and definitely that will be based on approved map by the local municipal authorities so need not worry go ahead with it.

manoj 23 October 2017

I am referring to a ruling reported in ILR 1997 Kar 29, rendered in Rev. A. Prabhuchand And Ors. vs Yeshurathna And Ors decided on 6th December, 1995 by the Hon’ble Justice H Thilhari observed that the power to grant exparte injunction is vested under Order 39 Rule 3 CPC only in the circumstances which are specially indicated as an exceptional cases by the expression “ except “ where it appears that the object of granting the Injunction would be defeated by the delay.

manoj

advocate

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