Yonger brother started house construction on plot which is ter in high-court


There is a high court suite between elder brother and 3 younger brothers from last 3 years. but now younger brother started house construction in farm taking advantage of summer Holidays in high court so can't take injection order and also in police station they can't interfere and close the case by saying it's a civil case but they are planning to construct and complete by week time. is there is a way to stop construction.
 
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Hello,

As per my opinion, you have to move urgent interim application in high court. Appoint expert advocate who can take up urgent matter before court. There is no other way to stop him. 

 
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I agree with the opinion expressed by expert Shirish Pawar.

 
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Thank you Sir, can we appoint other advocate now as our lawyer keep saying that we need to wait till court reopens around 22nd.

 
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Lawyer

I concur the opinion and advise of expert Mr. Shirish Pawar and Mr. Bhartesh Goyal.

Even during lock down period such urgent case(s) / interim application are taken up / heard and decided by all High Courts.

It is better to consult and engage another local prudent lawyer for proper appreciation of facts/ documents/ case file, professional advise and necessary proceeding.

 

 
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Advocate

I do stand with experts reply

 
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Retired employee.

Apart from all this, remember that such construction during the litigation period is a risk to your younger brother, and your duty ends by bringing the violation to the attention of the Court.

 
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Advocate

Yes, the Court's vacation is no constraint in getting relief in urgent matters

 
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Advocate

Since vacation courts are functioning, you can move an urgent application seeking injunction for the reasons you rely upon, before high court where the case is pending trial.

 

 
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