neighbors stalling construction
Dear Sir/Madam, There is a land dispute in my village. I own property measuring 90*90. The neighbors are creating problem when I try to construct my house. Will an Enjection/stay order from the court, be able to help me in stopping the neighbors? They abuse in the local launguage. How to proceed with this?
you can file police complaint with ownership document . you can also file civil suit fordeclaration & injuction as early as possibie
An injunction is an equitable remedy in the form of a court order, whereby someone is either required to do, or required to refrain from doing something.
You can file a case for permanent injunction u/s 6 of specific relief act, but till the time the case is not disposed on its merits. Section 37 of Specific Relief Act, 1963 provides that “temporary Injunction are such as are to continue until a specified time, or until the further order of the court, and they may be granted at any stage of a suit.” The procedure for seeking temporary injunction has been provided under Order XXXIX of the Code of Civil Procedure, 1908, you can file for temporary injunction against your neighbors till then under ORDER XXXIX of Civil procedure code that talks about -TEMPORARY INJUNCTIONS AND INTERLOCUTORY ORDERS .
An injunction begins with a petition requesting the court to grant injunctive relief. Because the petition is usually the beginning of a lawsuit, you will be required to pay a filing fee.
Once your application for one of the above orders is completed, we then compile your ‘Statement of Claim’, which is a document outlining all of the evidence of the circumstances, you will be granted an injunction. Depending on the extent of the legal remedy you are requesting, the court may also require you to post a bond. If the court approves your request for an injunction, the court can order the defendant to temporarily do something or stop doing something they are doing until a final hearing can be held. This initial injunction is called a temporary injunction because it only lasts for a specified time period until a hearing can determine the appropriate legal remedy. At a final hearing, both sides are allowed to present evidence to the court. After the court hears evidence from both sides at a final hearing, the court will then decide whether the injunction should only be temporary or permanent depending on the issues surrounding the need for the original injunction. Before you file a lawsuit, you may want to consult with an attorney to review which type of legal remedy is best suited for your injuries. If you forget to ask for a particular type of legal remedy when you file a lawsuit, you could potentially loose the opportunity to ask for it a later time.
According to Order 39 Rule 1 of the Civil Procedure Code 1908, a temporary injunction can
be granted if any person seeks to cause any harm to the plaintiff(the one who files suit) in
relation to his property. The harm may range from threatening the person to dispossessing or
trespassing the land. Therefore as per Section 37 of the Specific Relief Act, you can file for
temporary injunction in order to prevent the neighbours from hindering your construction.
However, for availing the equitable relief of temporary injunction, you will have to prove that
you have a legal right and you seek to enforce it. Further by granting temporary injunction,
the defendant’s(against whom injunction is sought) right will not be curtailed and if any harm
is caused to the defendant, then it has to be seen who suffers from more harm. These
principles have been laid down in the case of Gujarat Bottling Co. Ltd. Vs. Coca Cola Co. –
AIR 1995 SC 2372. In addition, the Court will also take into consideration whether the loss
caused by not granting an injunction order will cause irreparable loss to the plaintiff which
cannot be compensated by money. 1
Therefore you must establish that you are the owner of the property and thus have a right
which is violated by the neighbours. You can also try to prove that if the injunction is not
granted you will suffer some tangible loss.
1 Best Sellers Retail India (P) Ltd. vs. Aditya Nirla Nuvo Ltd. – (2012 ) 6 SCC 792
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