• To get stay on demolition order of colony

We are living in krishna colony in kota rajasthan,here 48 families living here  in their personal house for last 20 years,we all have registry and patta issued by nagarpalika ,Now  some one claimed that he had won a disputed land case in supreme court,means all the land on which our houses are constructed ,Matter is 55 years old,petitioner and respondent have died now their grand son alive,court has ordered to demolished our houses ,pls guide me how we can get stay,while court refused us to become  party to get stay
Asked 1 year ago in Property Law from Kota, Rajasthan
Religion: Hindu
1. Without seeing the order it is difficult to advise.
2. it is true that patta is not conclusive proof of title.
3. File a declaratory suit and for injunction.
Only by protracting the litigation you can linger your stay on the property.
Devajyoti Barman
Advocate, Kolkata
5854 Answers
63 Consultations
4.9 on 5.0
1) you have to move Supreme Court seek stay of the order of demolition 

2) were you party to the suit proceedings ? 

3) did SC hear your arguments before passing order of demolition ? 

4) it is necessary to peruse order passed by SC to advice 
Ajay Sethi
Advocate, Mumbai
24747 Answers
1327 Consultations
5.0 on 5.0
It will not be possible to give any opinion without seeing the contents of the Supreme court order in this regard.
You have not mentioned your lawyer's opinion to this.
You have also not mentioned if you have participated in the case from the trial court onwards and preferred an appeal against the orders or judgements that went against you till this date.
Without furnishing any details if you seek advise or opinion, the one rendered will be like a blind man groping in the dark.
You may come back with details.
T Kalaiselvan
Advocate, Vellore
15283 Answers
139 Consultations
5.0 on 5.0
1. If the Supreme Court has ordered demolition of your houses then this is the end of the road. However, if the High Court or a District court has ordered demolition then you can move the higher court to seek a stay order.

2. Did you plead your stand in the SC as you being the holders of a registered conveyance deed had a substantial interest in the outcome of the case? What is the ground on which the court refused to allow you to become a party? If you were not parties in the Supreme Court then this is the only light for you at the end of a dark tunnel which may enable you to seek a stay order from the court. 

3. Show the judgment of the SC to a lawyer to decide the further recourse. 
Ashish Davessar
Advocate, Jaipur
18860 Answers
472 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
15283 Answers
139 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
24747 Answers
1327 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18860 Answers
472 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12722 Answers
262 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5854 Answers
63 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
524 Answers
18 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2875 Answers
43 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
916 Answers
55 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1947 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1323 Answers
89 Consultations
5.0 on 5.0