Cpc order 39 stay order
Querist :
Anonymous
(Querist) 11 September 2011
This query is : Resolved
in one civil suit i am the plantiff, court grant, ex party, status quo order in favour of me,about illeagle building construction in comman passage by defedent. now the defedent is give me notice buy advocate that he is ready to remove the all illegale construction, and so he demand that i co-operate him. but the matter is sub judice, how i can help him?
Kiran Kumar
(Expert) 11 September 2011
you need not to step in at this stage as far as removal is concerned, if he is making some alteration then try to make a video of it.
let the defendant file his written statement in the court and thereafter you may compromise the matter.
visit your lawyer and send a reply to the defendant to the extent that he may remove the illegal structure and simultaneously the video recording will be done of the entire exercise and the same will be placed before the court.
Advocate. Arunagiri
(Expert) 11 September 2011
I differ. If the defendant is ready to remove the disputed construction, there is no case against him.
So, he may be permitted to do so, the same can be recorded in the court. The case itself will be disposed.
Advocate M.Bhadra
(Expert) 11 September 2011
Ask the defendant inform to the Court through his lawyer about his intention,then you should pray to the court to appoint a commissioner to look into the matter and demolish his presence.
prabhakar singh
(Expert) 11 September 2011
Now compromise if any has to be entered into it can be entered into in court alone and the suit shall stand decreed in terms of the compromise recorded in court,nothing can be legally done out side the court.
So ask the defendant to remove the constructions and then visit court along with him and both to gather file the compromise and get the same verified by the court is the legal procedure.
Guest
(Expert) 12 September 2011
If you allow the defendant to demolish the illegal construction at your own, you would, yourself be violating the status quo order of the court. Your cooperation would mean violation of stay order by yourself, which I smell his advocate desires so. Otherwise, what was the need of sending advocates notice to you instead of making submission to that effect before the court of law?
So, ask the defendant to make confession before the judge stating by which date he would remove illegal construction and report compliance to the court. Also as suggested by Shri Minansu Bhadra, you may also pray to the court to appoint a commissioner to look into the matter for demolition in his presence.
Shastri J.K.
(Expert) 12 September 2011
I agree with mr. prabhakar singh.
prabhakar singh
(Expert) 12 September 2011
When we lack practicalities we always are found confused ,then our opinion may lead one to hell.opinion here is free hence will not attract any damages but it is our moral to conceive that none stands cheated by our opinion. A defendant is looking for compromise,following one opinion coming here,plaintiff in faith enters in compromise
that defendant will remove the constructions,but he betrays,then plaintiff will be again dragged in litigation,there is nothing wrong and no voilation of courts order if a term in compromise is recorded that the defendant has removed the disputed constructions complained off on spot and under takes that in future shall by no means on his own or by agency of any kind
or by his workmen or by any mode what so ever interfere in the rightful use and occupation of plaintiff,and in case defendant fails to do so or commits breach of any of the terms of compromise,the plaintiff shall not be under requirement of filing a fresh suit but shall have right to implement the terms of this compromise following procedure to be adopted to execute a decree of court.
i ensure there shall be no disobedience proceeding against any party.Such a view is misconception.
girish shringi
(Expert) 14 September 2011
I do agree with the experts.
