Hi sir, I am using a path to access my house situated in my agricultural land. This path is under the ownership of my uncle .It is crossing through his agricultural land of my uncle. I am using it since long(35-40 years). So i have easementary right over that path. Now uncle is demanding huge amount for that path. He is threatening that I will demolish it and merge in his nearby land. If this path is dismantled then I will face irreparable loss and only access availabale to enter my house will be lost. Now I want to claim easemantary right over the path. But till i not proceed for the suit I want to have a immediate stay order so that my uncle can not successful in his evil planning to dismantle the path. Sir please guide me how can I get immediate stay order to prevent the man to do dismantle the path? and for what max period court can grant stay order?
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1) you can make an application for urgent ad interim reliefs on date of filing of suit
2) issue notice to your uncle that you shall be moving for urgent ad interim reliefs
3) if court is convinced that you have prima facile case court will grant you reliefs
4) court will grant stay till further orders .
Can court grant temporary injuction without filing a suit on a application ?
you have to file suit and in said suit proceedings take out application for injunction restraining your uncle from obstructing your right of way
You have to file a suit for mandatory injunction against your uncle seeking to restrain him from blocking or interfering in your easement rights in the path way.
If you apprehend him to demolish the path way, with the documentary proof, you may file an IA in the same suit seeking ad-interim injunction restraining him from the proposed demolition of the path way.
You should make sure that you file the suit before he files a caveat application against you.
Hi, you have to file a suit for before the Hon'ble for right of easement and in the suit you to file an application for exparte order of injunction as you have a good case on merits so definitely court will grant ex-party order of injunctions.
1. If you want an immediate stay order then you are required to file a lawsuit to this effect.
2. Temporary injunction cannot be granted unless the suit is filed.
