Partition Pending : How to obtain stay ?
AwMeAbN
(Querist) 27 February 2010
This query is : Resolved
I have a partition application pending with the DRO for a common piece of land to be partioned between 3 shareholders.
I had requested for a stay against construction and sale of the land till it is not partitioned as the respondents are not very eager to have the land partitioned but eager to grab it by hook or crook.
As per the revenue officer, he is not empowered to provide the same.
However, i would like to know what is the best possible way to prevent a possible sale of the land or any contruction on it without it being partitioned.
1. I do not want to go to the civil court as that would prevent me from getting any police assistance if the need be.
2. Is there any way i can get a note on the Jamabandi regarding the pending partition proceeding. The Patwari is reluctant to help, so i need to know of a formal procedure that i can initiate.
3. What are the other ways in which the stay on the property can be obtained ?
Ashok Yadav
(Expert) 27 February 2010
Without obtaining stay from a civil court, sale or construction by the co-sharer of their proportionate share can not be restrained. For getting stay over property you will have to go to the civil court, the revenue officer has no power to grant stay in this regard.
1. A civil suit in court does not prevent your right to go to police in case of any need.
2. You cant do that.(Entry of stay can be done only after obtaining stay order from civil court)
3. Only recourse to go to civil court.
B K Raghavendra Rao
(Expert) 27 February 2010
Sri Ashok Kumar Yadav is correct. You have no option but to approach civil court for solution to your problems.
