restoration
shyjo
(Querist) 11 June 2010
This query is : Resolved
we are using a road of my neighbour on prescriptive easement for last 25 years. we filed a petition before muncif court for grant of easement right.the court dismissed the same.the very next day we filed a petition at muncif court for maintaining status quo. the court allowed the same. subsequently during the period of stay, they distroyed a portion of road. we have filed 3 petitions together. one for commission inspection 2nd for restoration and 3rd for violation.
now the munciff is saying that since he has already passed the order denying the easement right apllication, he will not be able to pass an order to restore the road to the orginal position.
i need the restoration , is there any ruling for my favour.
adv. rajeev ( rajoo )
(Expert) 11 June 2010
Whether you had filed a suit for declaration and injunction?
Without declaration suit is not maintainable.
When your application are dismissed who don't you prefer a civil revision petition in the high court.
adv. rajeev ( rajoo )
(Expert) 11 June 2010
When your application is rejected there is no provision of restoration of that application remedy is available in the high court only.
Uma parameswaran
(Expert) 13 June 2010
If the destruction of road was happened at the time of status quo,you can initiate contempt proceedings.
