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Ankit Saha (CEO)     23 August 2021

During writ petetion pending

Respected LAwyers

A municpal corp has issued notice for demolition of a property. And the notice period is over. A writ is filed against the demolition, This is not yet come for hearing or admission in HC.

Can the Municipal corporation go ahead and demolish the property before it comes up for hearing? 

Ankit



 2 Replies

Prahalad B   30 August 2021

Hi Ankit, You can file an IA( Interlocutory Application) in your Writ Petition if you have strong grounds and evidence praying for an Interim Injunction under Order XXXIX Rule 1 of CPC against the Municipal Corporation from demolishing your property until the Writ Petition is heard before the concerned court. Hope you find this useful.

Archana Pandey   17 January 2022

You can go for Interlocutory Petition, i.e. mentioned in the Civil Rules of Practice, Rule 2 (j) states ” application to the court for any suit, appeal or proceedings already instituted in such court, other than a proceeding for execution of a decree or order.” It is fascinating to take note of that “application” is characterized in Rule 2 (c) that incorporates execution application, execution petition, and interlocutory application, both written and oral. the interlocutory petition looks for interim relief, can be named as a type of incidental procedures and are recorded to support the principle/main petitions. Also, Interlocutory petitions look for relief amid the pendency of the main appeal to and can be discarded before the final judgment.


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