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Veena   29 April 2022

Is it suit required to bring stay order from court

Hi Experts,

Is it necessary to file a suit to bring stay order as if the other owner from the partition property started construction without making partition deed.


 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     29 April 2022


Yes, you have to approach the court and pray for injunction orders against the person. The court will pass the order as per the merits of the case. 

Advocate Bhartesh goyal (advocate)     29 April 2022

Yes, it is mandatory, you have to file suit for partition and injunction alongwith petition for temporary injunction.

kavksatyanarayana (subregistrar/supdt.(retired))     29 April 2022

Yes. Agreed with the advice of the above learned experts.

Shashi Dhara   30 April 2022

File immediately injunction suit and  take stay until suit is decided.

Dr J C Vashista (Advocate)     30 April 2022

Where is the property situated and what is the stage of proceeding ?

In order to obtain stay order it is mandatory to file the suit for permanent injunction with other relief(s) and an IA for grant of ad-interim injunction 

What is your locus standi ?

G.L.N. Prasad (Retired employee.)     30 April 2022

Madam, it is not proper to make so many posts on a single issue which was already been replied to many times.  It is you that wish to go for construction without getting a settlement deed and without getting a property divided in metes and bounds.  You have posted queries with a resolve to go for construction, and you were advised not to risk for construction, as the other party may bring in stay order and stop construction and you may have to lose huge amounts invested already and if the construction is stopped in the middle.

Now you have restyled your query taking the stand of the opposite party.  What are the steps open to the other party and what steps he may take can not be guessed by members of a forum?  You have been advised to contact your local lawyer before starting construction.

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