• Path to access my house situated in my agricultural land

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?
Asked 1 year ago in Civil Law from Sirsa, Jammu and Kashmir
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 . 
Ajay Sethi
Advocate, Mumbai
26074 Answers
1418 Consultations
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 you have to file suit and in said suit proceedings take out application for injunction restraining your uncle from obstructing your right of way 
Ajay Sethi
Advocate, Mumbai
26074 Answers
1418 Consultations
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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. 
T Kalaiselvan
Advocate, Vellore
16443 Answers
153 Consultations
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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. 
Pradeep Bharathipura
Advocate, Bangalore
4184 Answers
149 Consultations
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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.
Ashish Davessar
Advocate, Jaipur
19122 Answers
484 Consultations
5.0 on 5.0

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