Legal Question in Real Estate Law in India
Sir we have filed a suit with the Dist Munsif court praying for an injunction and eviction order against few of our villagers who have forcefully occupied , sold few cents of the govt land (the land is allotted for water ways as per revenue record). The suit has been admitted and hearing is in process, but no injunction order or eviction order granted till date. The villagers have started construction in the said site and it is going on. Now can I file a writ with the High court for injunction / eviction for speedy action while the above matter is in the lower court
2 Answers from Attorneys
you may file an application for stay of construction and order of status quo. in case the lower court does not grant status quo, an appeal can be filed against the order.
You need to bring these new facts to the notice of the trial court by an application supported by affidavit and other evidence like photographs etc. In this application you need to stress for an expeditious grant of interim relief and insist for an order either granting or refusing the relief.
In case trial court grant interim relief, your purpose is served. In case trial grant reject interim relief, you can approach appeal court. In case trial court do nothing, then you can file a Writ Petition in the High Court for preventing miscarriage of justice and abuse of law and its process.
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