Stay or interim order by court
Unless a stay order or interim order has been passed by the court, can civic authorities take an action in that subjudice matter in accordance with law or as per their manual, any authority in this regard. I have filled the suit for the removal of encroachment made by the offenders in front of my shop on municipal street, but the court did not issue any stay order in this regard and the proceedings are going on, but whenever I approach the municipal authorities to remove that they were made the contention that the matter is pending in the court , so they will not be taking any action in removal of encrochment from the public street, any authority in this regard.
Yes, if you requested for an interim order for removal of the encroachment, and the same wasn't ordered, the status quo is generally to be maintained. However could you state the response of the court upon your application for interim orders?
The opinion expressed by "Lawfarm Team" holds good. Further you are advised to insist upon the Hon'ble Court to dispose pending interim application. If there is no progress then you may approach Hon'ble High Court of your State for appropriate orders.
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