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Civil court has passed stay order on my land: How I vacate?

Shivendra Pratap Singh

Advocate (Lucknow)

Online advising since Oct. 2014

Property

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Question: The civil court has erroneously passed a stay order on my land. I have purchased a 210 sq mtr plot from a 568 sq mtr land owned by Mr. X in Nov 2020. there was no legal issue on land at the time of registration. Thereafter, Mr X is having a dispute with Mr Y over a path of 15 sq yd at the end of the property from which we bought a piece of land. Please remember this disputed path is on the other side of the remaining land of our land owner.

This disputed path has nothing to do with our land, it’s at the opposite side and in between Mr X remaining land and Mr Y showroom. Now Mr Y has filed a legal case in civil court by also making us a party in that case. We were doing construction when Mr Y took a stay order. They claimed in the case that Mr X is trying to take this path forcefully. 

However the dispute is totally on the path but still we are dragged in this case and our construction is being stopped. Next hearing in Meerut civil court is on 11th Feb 2021. We have appointed a local lawyer to overcome this stay order but till now he is not able to do so. 

We want to know our available legal options to get out of this nonsense as we have nothing to do in it. Kindly suggest if we can directly go to high court to cancel this stay order specially on our part of Land. Mr X and Mr Y can continue to fight over the pathway between their property . Please suggest.

Question from: Uttar Pradesh

File a writ petition before the High Court

You should file a petition before the High Court under Article 227 of the Constitution of India. The civil court has erroneously passed a stay order whereas there is no dispute on your land. Your title is clear and the plaintiff did not claim any right against you.

The court will issue a notice to the opposite party to file a counter affidavit. Your title is clear and you did not encroach the property of opposite party. There is no dispute on your land. The disputed property is a pathway and situate at the other side of your land. In this condition the opposite party cannot satisfy the High Court that you are encroaching his land hence, stay order is proper. Thus the High Court will vacate the stay order.

Move an application for deletion of your name from the civil suit

You have been falsely and maliciously made a party in that civil suit. Before filing a petition before the High Court you should move an application before the civil court for deletion of your name from the civil suit. 

The plaintiff is not entitled to claim any relief from you because there is no dispute in respect of your land. It is a violation of Order 1 Rule 3 of the Code of Civil Procedure. If the civil court does not delete your name and take back the summons then you should move a petition before the High Court. Plaintiff is your neighbour and he is causing nuisance by illegally interfering in the right to enjoyment of property. 

shivendra pratap singh advocate

Shivendra Pratap Singh

Advocate (Lucknow)

Consult on Criminal, Civil, Writ, Matrimonial, Service matters, Property, Revenue, SARFAESI related cases

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