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 in Property Law from Kota, Rajasthan
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.
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
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.
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.