Legal Question in Civil Litigation in India

Can construction be done by one party on a land that is under a legal dispute( civil suit) about whose has the right on that particular land . It's a familial dispute. What if one party does the construction by force ??

Asked on 5/02/20, 8:22 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

the party doing the construction may be restrained by an order of injunction from the court where legal dispute is pending. The party who is not doing construction, or the one who has objection on doing the construction may file an application before the same court seeking injunction to restrain from doing any construction and also for the parties to maintain the status quo i.e. leave the property as is where is, during the pendency of the pending dispute.

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Answered on 5/02/20, 11:25 pm
Rajiv Chandhok Ph: +919810050896

In addition to Mr. Arya's view, I may say file an injunction against the party which is carrying on construction forcefully. Also have a local commissioner appointed to visit for screening construction done and secondly to have a informal partition done after the Status Quo application is allowed.

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Answered on 5/04/20, 12:26 am

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