vivaasvann (PM) 05 August 2012

Preventive measure / stay

I am planning to go ahead with complex construction on our land. Though some of our relatives tried to create issues were not successful. We have all legal documents of ownership etc. Just to be proactive and prevent people from getting any kind of injuction order and stop our construction work -- WHAT KIND OF ORDERS CAN WE GET FROM COURT.

Thanks in advance.

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6 Replies

Adv Archana Deshmukh (Practicing Advocate) 05 August 2012

The court won't pass any order unless there is some real threat or hinderance to your ongoing construction, you cannot obtain any order just as a matter of caution and without there being any real cause of action. However, if you are fearing any injunction suit, you can file a caveat petition in the court,.so that in case any ad interim injunction is sought against you, the court will first issue notice to you and without hearing you won't pass any injunction order.

adv. rajeev ( rajoo ) (practicing advocate) 05 August 2012

File a caveat in the court against the persons who would cause distrubance or move to the court for an injunction order. If you filed caveat petition in the court , court wont grant TI order against you.

Ajit Singh Cheema (practising Advocate) 05 August 2012

Caveat Petition is the best option under the circumstances , You will be heard before passing any stay order .

bhagwat patil (Property due diligence 9422773303) 05 August 2012

You can file a caveat petition in the court,it will protect sanctity of your title from sabotage of misuse of legal system for 90 days,if opposite side doesn't file within the stipulated period again file caveat you will get another 90 days by the time you will get all permissions for construction and proceed.