NEHA (Self) 16 November 2013

Litigation pending

Dear Member,

Pls guide if Temporary Injunction is disallowed and litigation is pending in court, can the construction be made in disputed property by the plaintiff having title deeds and possession of the property. Or in any part of property which is not in dispute and named in Original Suit. So far no order is made by the Court and written statement awaited to be filed by the defendant having no title deeds.

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5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 16 November 2013

yes. Plaintiff can proceed for their construction work.

NEHA (Self) 18 November 2013

Thanks a lot Sir,

But the defendants are not allowing plaintiff to construct anything in his own (plaintiff) portion. They start fighting , beating the plaintiff and file false application in Police station alleging for fighting and police without hearing anything book both the parties under breach of peace . This happened to plaintiff more than three times. What a mythbuster its on the law and order where the there justice cannot be seen and delivered but is sold in the market of law. . Is the Law in our country is still alive or meant for only rich peoples.What need to be done by the plaintiff where judicial system does not helping the innocent and the defendants are enjoying without any fear of the judicial system to further proceed construction. Can any authority be approached from whom the help can be sought for. Pls guide its really urgent.

S P SRIVASTAVA (ADVOCATE) 19 November 2013

As you have stated that case is pending, you must file an application in the same court bringing all the nuisances and problems created by defendant. court may direct the defendant to allow construction and restrained them from creating problems. You may also ask for police protection for your lawful construction work.