Can I get Stay order on abaadi land which in front of my main entrance gate and way toward the road. Can I get Stay order on abaadi land which in front of my main entrance gate and way toward the road.

2 years ago

Dear Sir/Madam,
Can I get the order of Stay from court that no construction can made on abadi land .
As this abadi land is hardly 15-20 feet from my main entrance gate and it is only way toward the Pakka Road and other side of raod my neighbor house is their ;he want to built cattle house which other side of road that my side of land .
On this issue he(opposite party) even beaten and threaten to my in-laws on which NCR is filed .
Can i get stay order on it that no one can do construction.
Can i file the case in Mumbai court and then it can transfer in Allahabad Court.
kindly suggest the way so that opposite party cant do any construction on land .

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Sir,
You can try by filing a case but there is no guarantee to get such stay order. You may file case in civil Court but you may not get immediate effective orders but if you file case in High Courts you may get some instant relief.

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Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hi,
You can seek a temporary restraining order under the same while the court determines whether the construction is permissible. The transfer of civil matters is subject to the court's discretion. Allow the court to make the final decision. You can also use a procedure called Alternative Dispute Resolution to try to reach an amicable resolution.
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Anik

Responded 2 years ago

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A.Hi,
You can file a case for a temporary injunction under the same while the court decides whether the construction is legally valid or not. The transfer of civil cases depends on the decision of the court. Let the court decide the further course of action. You can even seek to amicably settle the dispute through the process of Alternative Dispute Resolution.
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Abhimanyu Shandilya

Responded 2 years ago

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A.I don'think so its possible as it depends on many factors like who are the owners and under whose possession the land is? The court will take all these under consideration before passing the order and will not pass the order just because you are inconvenienced.
Secondly, cases for immovable property are to be filed in their local jurisdiction not any court .
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Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Aap ke dawara yah nhi bataya gya ki kis jagah ko hai.
Stay order ke liye aap court jaa sakte hai. Agar aap ke pass residential property ke documents hai. Title aap ke pass tab aap ko civil court stay order de sakti hai. Aap stay ke liye direct high court nhi jaa sakte hai.
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