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sidharth (na)     26 August 2013

Stay order not accepted


I got a stay order to stop the owner of our neighbouring plot from building boundary wall in our plot. The commission from court came and wrote down the repot but the neighbour didn't accept the order since the name of the owner was not correct in the order.  Both myself and neighbour don't stay in these plots, so we didn't know the details of them. The commission told us that even if order is not accepted by them, its still valid since they have identified the person and plot dispute and asked us to get it corrected by filing a correction in the court. Meanwhile they started construction, so we had to complain to the local police station. Police has stopped them from continuing with construction and keep asking us for the report copy. My attorney is working on the name change. Can we give the original report copy with wrong name to the police since we haven't got the corrected copy yet. Police has given us 2 more days to give them the copy of report and said otherwise they won't be able to hold them from constructing the wall.


Please advise.


 3 Replies

Sudhir Kumar, Advocate (Advocate)     26 August 2013

get corrected copy.  As far as wrong name is concerned please specify if the other details are correct?

sidharth (na)     26 August 2013

 my plot details and the location of their plot, their plot details and where they have tried to built boundary wall all remains the same. The person also agreed the plot in question is their plot to the commission. How long will it take to get it corrected? Is there anything that I can get from the court to show the police to continuing stopping the neighbours from constructing the wall till a court order.

santhosh.g. (advocate)     26 August 2013

i think it is a civil case. if already  an injunction is granted in your favour, any violation of the order you can approch he concerned court with a petition U/o 39 rule 2 A C.P.C. for violation of injunction along with an injunction petition for continuance breach of injunction.. If construction is made file a mandatory injunction suit to remove the construction  

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