Sir/Madam,
I have recently purchased a land. After two days of purchasing the land, my neighbor (residing in own house) built a road in one side of my purchased land and claiming that this is their access road to their house. And filed two case in district court
1) Miss cause for stay order for the newly built road in my purchased land.
2) Another cause to register this piece of land to him as this is the only access road.
Back ground:-
In reality there is already a another narrow road ( not through my land) for my neighbor, But He is trying to put pressure on me like this unethical way so that if he gets the road it will directly connect another main road.
For the cause no- 1:- Court now is setting up commissioner of enquiry to take the witness of the physical presence of road. It seems my neighbor is trying to play with money power to show that the newly built road in my land is the only way to access his house.
I have already approached the high court for below two
A) To put the stay on the commission enquiry ordered by the lower (district) court.
B) Vacate on the stay order against the miss cause no -1 in lower court.
High court opined for hearing proceedings for the (B) i.e. Vacant for the stay order. But didn’t put any stay on (A) commissioner enquire decision of district court.
I am afraid that My neighbor will try to play money power to suit the commissioner enquire to its favor as he has already built road in my land. This ultimately may impact on the result of the main cause (2)
Although high court will start hearings for the cause (B), but I am afraid the lower (district) court will proceed with commissioner enquiry and my neighbor may get higher edge with all of its unethical ways.
Please advice me what option I left.
1) In district court
2) High court
With Regards
