Srinivas 10 May 2016

Stay order on a layout

Hi, I have purchased a plot in Hyderabad and got it registered on my name. Before buying the property I have done my diligence by looking at the layout and also the boundaries.

Later I started to see people putting fence on the property claiming it is their property. Upon enquiring I found out that the person who did the layout manipulated the layout and sold the same land to multiple people. Even today when I pullout an EC from Sub Registrar office, I am getting the EC on my name.

Now people who are strong and have muscle power are constructing the houses. I would like to get a stay order on the entire layout until the issue is resolved. Please suggest how to proceed on this matter.

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4 Replies

P. Venu (Advocate) 11 May 2016

The alleged money or muscle power are of np consequence in approaching a civil court and obtaining a stay.

adv.raghavan (Advocate,9444674980) 13 May 2016

You can opt for civil and criminal action against the said people, reluctant to initiate legal proceedings will vitiate your rights over the said properties.

Srinivas 20 June 2016

Thanks for the responce Mr Venu and Mr Raghavan. What is the process to get the stay in the court to stop all types of transactions and building permissions on the layout? How much time will it take for getting the stay and what would court ask to give a stay order?

balas (Chartered) 21 June 2016

Mr. Srinivas, As you have property regd in your name, your task is made easier. First, approach a civil lawyer. Second, Institute a civil case and obtain an injunction (as an interim relief) which should be quicker in your case, apart from final prayer of having right to peaceful enjoyment + demolition of any illegal existing structure. Thirdly if you are evidences that there have been multiple sale conveyed by your seller to others , check if the same has been regd (should not be possible but no surprises in there). If this is the case, it will be case of cheating and you need to approach a criminal lawyer to institute the appropriate case. Balaji Srini FCA LLB