Ruhina Tabassum
in Property Law
Asked May 15, 2017

Land dispute

  • 1 Answer
  • 292 Views

Sir I am from Kamptee, my cousins obstructed my grand father's land they were not willing to share land with my father what can I do? Case is running in Kamptee court since 3 years but no result .we want a stay order.

Answer 1

 

 

 

Dear Sir/madam,

First of all, you need to take an update as to, at what stage is your case in. What is the current status and happenings in the case. Go to the court yourself on the next date of hearing and get updated.

Applying for a stay/injunction in a case needs the current happenings in the case. Not on any or every stage can one apply for an injunction. As far as law regarding stay is concerned. Certain provisions like Order XXXIX Rule 1 &2 of the Civil Procedure Code needs to be understood in the light of the current status. It talks about granting a temporary injunction in the matter and to maintain a status quo (as it is, with no one using or abusing the property in issue) until the court comes down to a final judgment.

However, if the matter is taking unnecessary delay – a simultaneous and supplementary proceeding may be initiated along with the main ongoing case. This is done by way of Section 94 of the Civil Procedure Code. It talks about initiating a side by side proceeding for compelling someone to do something or maintain a status quo by way of an injunction. Section 151 of the Civil Procedure Code is also taken into consideration – it is about the inherent powers of the court.  

Agree Comment 0 Agrees over 4 years ago

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