Sir/Madam, The Opposite party is advocate in the same court where probate of registered will is pending before the Honorable court ADJ 3rd since 2009,now opposite started demolished of the house and new construction of house going on in disputed house it is part of registered will. So, kindly advise me remedy to stop demolished and construction, What should do immediately to Stop of illegal unlawful construction. Please respond me soon with your valuable advice. Thanking You Regards Aatiya Khatoon
Dear Sir, If there is status quo order then he cannot demolish and go with further constructions. File application for maintaining status quo. If there is any violation file application for contempt in the same court and also lodge complaint with bar council since he is misusing his professional office.
Dear Client, As per your query, the instant application should be filed for a temporary injunction under Order 39, Rule 1 & 2 of CPC before the probate court to direct an order of status quo as may be found appropriate. Besides, the petitioner may not fail to seek an invocation of inherent powers of the court under Section 151, CPC to prevent abuse of process. File for contempt under Order 39, Rule 2A, in case the defendant(s) committed violation of any existing order. One may even seek relief in the form of permanent injunction u/s 38 Specific Relief Act, 1963. Feel free to book an appointment for a detailed discussion on the issue.
