Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

A Sharma   30 May 2021

Stay Order

Sir, I am basically from Himachal Pradesh, district Una, now residing at Sonepat, my elder brother aged about 75 years, remain sick, is residing at Una in a house of our ancestral property, the neighbours of which at Una are not allowing him to cross drinking water pipe thru the passage which we are using, and moreso now they are building new structure harassing us.

Sir my humble request is there that can I get stay Order by engaging a lawyer at Sonepat. please brief me and what can I do at Sonepat so that my elder brother be helped by me.


Learning

 10 Replies

Sankaranarayanan (Advocate)     31 May 2021

yes you can . you can approach local lawyer and consult with him and seek advice, act accordingly

G.L.N. Prasad (Retired employee.)     31 May 2021

If you have been enjoying such drinking water through pipeline through other's house you are having "Easement right" and you can contact a local advocate and can obtain a permanent injunction against the neighbor obstructing your easement rights, specific to drinking water.  As your brother is senior most citizen, your advocate can speed up the trial if any

Advocate Bhartesh goyal (advocate)     31 May 2021

Since property situates at Una ( H.P ) where your righted are infringing so as per sec 16 of CPC suit can be filed where immovable property situates so no any legal action can be initiated at Sonipat.You have to file injunction suit against your neighbour at Una H.P ) and get him restrained by stay order.

1 Like

SIVARAMAPRASAD KAPPAGANTU (Retired Manager)     31 May 2021

"not allowing him to cross-drinking water pipe thru the passage

 Is the Passage a common property between you and your neighbor?

A Sharma   31 May 2021

Yes common passage is there

 

Dr J C Vashista (Advocate)     01 June 2021

Well analysed, opined and advised by expert Mr. Bhartesh Goyal ji, I agree and appreciate.

Since the property vis-a-vis water connection is situated in Una, the jurisdictional court of Una shall decide the case/ dispute.

Therefore, it is better to consult and engage a local prudent lawyer in Una and not Sonepat, for appreciation of facts / documents, professional advise and necessary proceeding.

P. Venu (Advocate)     01 June 2021

Instead of the jurisdictional Court of Law, the local SDO/RDO may also be approached in the given context.

T. Kalaiselvan, Advocate (Advocate)     02 June 2021

You can engage th lawyer from Sonipat to file a suit for mandatory injunction at District court Una (HP). there is no bar for it.

However it would be expensive hence you may better engage an advocate in Una itself and file the law suit as suggested for the relief and remedy

pankaj verma   03 June 2021

yes it's very easy govt can provide u a local lawyer free of cost...in Una

G.L.N. Prasad (Retired employee.)     04 June 2021

The providing of free legal services /Aid through the District Legal Services Authority is only for the qualified litigants alone.  Do not depend on such services even if you are qualified as it is time-consuming and convincing them without influence is not easy.  Engage an advocate as getting an injunction is not a difficult task as a facility for drinking water can be examined and payment of taxes can also be confirmed.  I never heard that Govt provides local lawyers free of cost for civil matters like an injunction to all.   This is your family issue and this has to be sorted through your friends and relatives by availing professional services to avoid complications to your father.  Now that you have read entire posts, realize the urgency and it is time for action.  There can be no further guidance more than this, whatever you get is just a repetition of what was said in earlier posts.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query