It is not worth going in civil suit
2) litigation is long drawn and expensive proposition
3) civil suit rages 15 years to be disposed of
4) if there is no stay order passed you can carry on construction of compound wall
Civil injunction suit procedure
Hi, my father inherited land from grandfather in which we constructed house and living for 15yrs. In same land survey number some more space is left in which people used to walk. An year back we prepared to construct compound wall in left out space. Few guys started objecting saying its common walkway, and after complaints from both side to revenue department conducted survey and they confirmed there is no common way and land belongs to my father. When surveyed, they confirmed there is no common walk way in the super set survey number also. After the survey, village panchayat official did not object our work. But one guy is keep objecting and we are not able to construct the compound wall. In original deed when my grandfather bought, in boundary description its mentioned our land is north of X walkway. When latest deed where ownership changed to my father, another patta land(south of our land) is referred for that boundary.. That guy is saying we encroached the common walkway by amendment deed. When we complained about him to police, they are ignoring saying its civil matter and he is doing in interest of common people. Has there been a request by village people we would have allowed half space for walkway. Since we are accused of encroachment, We would like to affirm our ownership. Please suggest best solution for this. Questions, 1. Is it wrong that boundary description changed in latest deed ? 2. Is civil injunction suit is only remedy for this ? Can we complaint to revenue officials as we have valid patta and disputing party does not have any proof except our deed boundary description only 3. When we consulted a lawyer about civil injunction suit, he quotes 80,000 Rs + misc charges and telling it will take time The land cost itself will be around 1 lakh only (its a village).. So is it worth to go with civil suit ? Usually whats the nominal charge and time frame to get civil suit for this matter. 4. Police is not letting us to start the work saying some writ is filed by opposing guy(which is still not accepted by court) to not start our work.. Is this writ can hold in court ? And can police stop us siting freshly filed writ ?
Asked 4 years ago in Civil Law
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8 Answers
1. Boundary description doesn't matter, it us mentioned for the easy location of the property, rather, survey details, properrp id, kila/khasra number have important relevancy,
2. From the available facts, you can file a civil suit,
3. If the fee seems to be on higher side you can approach another lawter,
Fee varies from lawyer to lawyer
4. No one can stop you raising any construction until any stay is granted by the court
1. Even if it has been changed he needs to approach court for relief and can't harrass you.
2. You can complaint but injunction order will be more effective and abided by every department
3. It depends on lawyer to lawyer. You can only opt from injunction first it will serve your purpose. If you don't go for injunction you can stop him through police as he is physically objecting you from proceeding without any order of court or authority
You have govt. record that land belongs to you. Any objection and obstruction by anyone is criminal offense. Call police if he hinder construction. Complain to area SP if police is not registering FIR. Call on 100 for immediate action.
NO.
Police is like this. KAAMCHOR. Any obstruction is criminal offense. Neither police can refuse to register with the reason that matter if of civil nature.
You will find many economic lawyers, search more. Such case can be deal in 11k fees.
Police is corrupt. Supporting that guy. Cannot stop you. No writ maintainable. Complain to SP.
approach the Hon’ble Court and file a suit for permanent injunction..
Advocates will charge as per their seniority and professional expertise.
Police cannot stop the construction unless there is an order from the court of s.d.o impleaging the proceeding however the proceedings are imitated only on appreciation of breach of peace and trianqualty.
1. Since, the Revenue department conducted survey and they confirmed , that there is no common way and land belongs to your father, hence legally nobody having right to obstruct your construction work.
2. Yes, only a court order can restrained that guy for interfering in your construction of boundary over the said additional land.
- You should file an Injunction suit for getting the decree in your support.
3. For filing an Injunction suit , Court fee not required .
- You will have to bear only lawyers fee and nothing more , and Fee depends upon the lawyer , to whom you want to engage.
4. No, police cannot stop to start work , until there is an Stay order from the Court.
- You should file the Injunction suit against the said guy who is creating trouble , and also against the police as well.
Good luck and dont forget to rating Positively.
1. What was the necessity to change the boundary in the latest deed, especially if ther was no such provision in the mother deed?
however without seeing the contents of the documents no concretion opinion can be rendered, hence you may refer the matter to a local advocate with expertise on the subject to get a proper opinion.
2 First of all you do not have to encourage the disputing party, let him approach court of law for releif where you can challenge his claim as per documentary evidences in your support.
Otherwise you can approach court with a suit for bare injunction against him.
3. No comments on this because it is his case hence the charges what he may quote is his own decision, if you are not comfortable then you may look for a different lawyer.
4. The police cannot stop you from constructing it until there is a stay against it, you can ask the police about their authority to stop the construction when there is no stay from a court of law.
1. Yes it is wrong to amend description of property in new deed.
2. yes it is a case of civil matter
3. I don't think that it is worth to go for civil suit if you have changed the description of property in new deed.
4. No police cannot stop you until they have certified copy of order from court for stopping the construction.
