Hi, if the court passes a order of interim injuction , you can appeal and challenge the same in the appellate cour..
Temporary injunction on land
I’ve a commercial property in Bangalore. I’ve been carrying out my construction without leaving the exact set back as per BBMP plan. All of My neighbouring house owners dint raise any objection but one person from the apartment has filed a case in the court and as per my lawyer the court is going to issue a temporary injection to stop my construction On the next hearing. I was supposed to leave a set back of 2.5 feet but I did a leave a set back of 1.5 feet. What can I do to continue my construction. My construction work is almost over. Only the outer plastering is pending
Asked 5 years ago in Property Law
Religion: Hindu
10 Answers
Please file application for rejection of plaint on ground of not making bbmp as necessary party as they are one who issue clearance and any objection must be raised by them so suit has to be dismissed for not joining them as necessary party. File application under order 7 rule 11
try to complete construction work before next date
2) if not completed inform the court that only plastering work has to be done and that if any final orders are passed for demolition of unauthorised construction if any you would comply with the same
Hello,
Since you have violated the norms, you can not do much legally.
Talk to the said person and try and settle the matter outside the court.
Regards
Dear Client,
It is for sure that any construction violating building by laws, court will grant injunction, ask your lawyer, try to take an adjournment on next date, till than you can compete the plaster as once the court ordered status quo, further construction shall be court contempt.
Civil cases takes long time to decide, in between possibility of adjustment by mutual discussion ant withdrawal of suit.
Time of period of an injunction order can be seen in the order sheet. Normally it will till next date or till filing of an objections.
1. There is every likelihood that court may restrain you through a temporary injunction if the applicant can prove that you have not complied with the BBMP plan.
2. Until injunction is granted you can continue the construction, but it will be subject to the main suit. If the suit itself is decree then building can be sealed/demolished on court orders.
Dear Sir,
You have the good civil lawyer and see that stay order is not granted. Prolong the matter and in the meanwhile file application for impleading BBMP as a party. Without which it cannot be adjudicated.
If there is an injunction restraining you from constructing the building, you cannot go ahead with the construction work.
You have to first stop the construction work and then file a petition under order 39 r 4 CPC TO VACATE THE INJUNCTION otherwise you cannot continue construction till the disposal of suit.
Dear Sir,
You continued with your constructions and manage to see that no stay order is granted by the Court.
