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CONSTRUCTION RELATED

Querist : Anonymous (Querist) 11 March 2010 This query is : Resolved 
SIR,

WE ARE CONSTRUCTING A HOUSE ON OUR PLOT AS PER MAPS PASSED BY MUNICIPLE COMMETTE AND TOWN PLANNING DEPPT OF THE DISTT.FIRSTLY WE ISSUED SUMMON BY COURT FOR CASE BY OUR NEIGHBOUR UNDER RULE 39 1 AND 2 WITH CPC 151 FOR WHICH OUR LAWYER ADVICED US TO GO AHEAD WITH CONSTRUCTION. NOW AGAIN WE HAVE RECIEVED ANOTHER SUMMON UNDER RULE 39 2A CPC.OUR LAWYER SAY AS WE R CONSTRUCTION AS PER MUNICIPLE COMMETTE 'S MAP .SO THIER IS NO NEED TO HALT . KINDLY GUIDE US THEN WHY WERE SUMMONED AGAIN IF WE ARE NOT DOING IT ILLEGALY.
Raj Kumar Makkad (Expert) 11 March 2010
In the given facts, I advise to wake up early in the morning and do first act to change your advocate otherwise he shall arrange all material for your civil imprisonment. it seems that stay order has been granted in favour of your opponents and you kept on violating it raising construction and now they have filed contempt of court case against you. You have to face it. Now two cases have been filed against you. o not be panic but change your lawyer and defend your case vigorously otherwise results may be otherwise.
Querist : Anonymous (Querist) 11 March 2010
sir,

on discussion with my lawyer he say that we have not been SERVICED stay order and we r constructing with municple commette approved map so we shud not fear. kindly advice urgently
Querist : Anonymous (Querist) 11 March 2010
please guide so that i could take remedial action .please suggest whats else in addition to change of our lawyer we can do .
Bhumik Dave (Expert) 11 March 2010
agreed wth rajji
Querist : Anonymous (Querist) 11 March 2010
does stay order means total construction in general?
Parveen Kr. Aggarwal (Expert) 11 March 2010
What is the stage of the suit and what order was passed by the Court?

On what grounds the neighbour is trying to obstruct the construction?

As per your query, you have received the summons for Order 39, Rule 2-A, CPC application. What are the contents of the petition?

B K Raghavendra Rao (Expert) 11 March 2010
Court matters cannot be taken as lightly as you have. Why have you not attended the court and obtained the plaint copy? Only on knowing the prayers in Interlocutory Applications and orders thereon and also the case details, you could be advised properly.
Raj Kumar Makkad (Expert) 12 March 2010
Mr. You have not only been shown received summons in the court but have also been proceeded ex-parte and stay application has also been decided against you in your absence there and now you have been summonned to face contempt of court by same court all due to either on the ground of your lethargic attitude or on the wrong advice of your lawyer.

Even if you are raising construction on the basis of approved plan but why dont you say all these things before Court. Do you think the status of court inferior than even municipality?

Can court not question the maps of municipality and can you sit closing your eyes because you have map isued by municipality and there is no need to care for court????

This is all illegal act on your part.
Kumar Thadhani (Expert) 12 March 2010
Your lawyer has misguided you and has kept you in darkhe should have awaken you during when Interloculatory order was passed. Even though now itis not late take proper steps and do not neglect Court matters.
Querist : Anonymous (Querist) 12 March 2010
sir(Mr makkad),

our lawyer had given the same reply along with maps etc on first hearing. court has given the next date for hearing after one month.its after this hearing that opponent had filed another case under rule 32 2A.they had also made municiple commette and town planning along with us party in the first case.they are asking for the set back along their boundary for which we were exempted by mUniciple commette.
Querist : Anonymous (Querist) 12 March 2010
lawyer say s that court's stay order is for not to construct anything without a given permission of municiple commette.i wan to ask in general that when we are constructing on our own bought plot without any violation. why are we being harrased like this by court
Arvind Singh Chauhan (Expert) 12 March 2010
If the court's stay order is for not to construct anything without a given permission of municipal committee, your lawyer's stand is not bad, because you map has been already approved by municipality. But if there is another situation you may face grave consequences.
Querist : Anonymous (Querist) 12 March 2010
sir ,
even we have not even receieved stay order BY THE COURT.is their something SERVICEING THE SUMMON.


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