Civil suit is pending then also constrction started
We have one land dispute in court we apply for status quo but i dont think i will get it by court
Now what should i do to stop work which is going on at land kindly advice any legal solution
Asked 2 years ago in Civil Law from Panvel, Maharashtra
You have to seek stay against carrying on further construction .
2) court may direct no third party rights be created in respect of the disputed land
1. The mere pendency of the civil suit does not operate to prohibit the act complained of. There has to be positive injunction or status quo issued by the court, without which the construction can commence and complete.
2. If the trial court refuses to order status quo then you may challenge that order before the High Court.
Why did you apply for status quo alone, what prevented you from applying for injunction or atleast ad-interim injunction restraining the defendants from construction or making any alteration or raising any structure in the disputed land till the disposal of suit.
Even now you can file an IA under order XXXIX Rule 1 and 2 seeking injunction againstthe ensuing or proposed construction over the disputed land.
Hi, If the Court is refused to grant status quo order or interim injunction then you have to approach appellate Court for granting injunction order or status quo order.
Not sure why you are not getting status quo orders against construction.
Ask your lawyer to file an I.A and ask for status quo on the grounds
1) you have a prima facie case and
2) that the construction will cause irreparable loss to you
If he is not getting orders for lower court, ask him to move to higher courts.
You should get Status quo as other wise the nature of the suit will change because of ongoing construction