you need to challenge the said restrictions order on valid and relevant grounds and get it set aside
There has been dispute in 5 brother in mother's land distribution. 3 brother are as 1 party and other 2 are 2nd party. 1st party do not want give share to 2nd party. Now 1st party got an order of restrictions on other party sighting code of conduct in present time. I have a doubt whether this is being done to occupy land forcefully while other party is restricted. Because it is not making sense at all. Please advise what can be done and how restrictions order can be reversed.
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you need to challenge the said restrictions order on valid and relevant grounds and get it set aside
such order (restriction) can be challenged in the higher court,
however,
there seems some doubt,
can you provide a copy of order?
code of conduct has nothing to do with Court Order
What has code of conduct got to do with land distribution
2) it is necessary to peruse order to advice
3) file suit for partition for division of property by metes and bounds
Restrictions order can be challenge in superior Court. Suggest you contact a local lawyer with complete details of your case.
Probably there is an order of injunction whereby parties are asked to maintain status quo in respect of the suit property.
It means that neither of the parties can change the nature and character of the suit property during the pendency of the suit.
This is very logical and standard order passed in partition suit
If you're aggrieved by the restraint order procured by the first party, assail the same in an appeal.
Hi,
You have not mentioned who has passed restraining orders. If passed by SDM, then it will be vacated after election. If you wish you may approach high court to get the orders vacated. If orders are from court, you may approach the same court or court of appeal for removal of that order.
Dear Client,
You should have file partition suit to claim your share. All have 1/3rd share each.
What do you mean by restriction orders ? Is it passed by u/s 151 or 107.116 Crpc , Prohibition order ?
Dear Sir,
- Do file "suit for possession based on title" at civil court.
- Also file petition for injunction along with above petition to stop them any illegal selling or construction
- Do obtain the mutation copy from Municipal Corporation Area or Tehsildar Record Room to have the visibility of Title.
- Do hire the local lawyer to help you filing the case and may feel free to connect incase required any further help.
Regards
Vivek Arya
Without seeing the contents of the orders passed by court no concrete opinion can be rendered, however fro your contents it can be understood that the court has passed an interim order to not alienate or not to encumber the property in any manner till the disposal of suit or it may be an order based on the petition filed by the petitioner seeking the specific relief.
You may approach your advocate to interpret the meaning and clarify the details.
Hereby I am attaching the copy of order. Order has been passed under 107.116 crpc Kindly advise a suitable action from my end.
order copy is not visible, send on my email,
if it is 107 Crpc, then provide a copy of remand paper also
you can file a civil suit for claiming the share in your property.
call/mail for a detailed discussion
Orders cannot be attached here hence you engage the services of an advocate and get it clarified personally.
1. The order has to be perused. There is no attachment with the question.
2. You are free to challenge the order.