• 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 1 year 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 
Ajay Sethi
Advocate, Mumbai
35409 Answers
1964 Consultations

5.0 on 5.0

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.
Ashish Davessar
Advocate, Jaipur
21382 Answers
572 Consultations

5.0 on 5.0

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.
T Kalaiselvan
Advocate, Vellore
25426 Answers
249 Consultations

5.0 on 5.0

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.
Pradeep Bharathipura
Advocate, Bangalore
4371 Answers
178 Consultations

4.3 on 5.0

Hi 
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
Rajgopalan Sripathi
Advocate, Hyderabad
1119 Answers
105 Consultations

5.0 on 5.0

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