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Can we get stay order on the event being organised to defame family


12-Sep-2023 (In Civil Law)
My father's younger sister filed a partition suit against the properties of my grandmother & one of my late brother (un married) of my father. The civil court judged equal shares to all and let for final decree. She is employed, married & residing at Bangalore for the past 25 years. After this judgement, she filed a case under the judicial first class magistrate under protection of women from domestic violence act u/s 23(2) and obtained an order from the court to stay in the ansestral house in the dispute property. Restraining us from causing any disturbance for peaceful residence in the petition scheduled property. Now she is planning to conduct a function in that house next day inviting all the local people & relatives. The close relatives are not in support of her. If this function happens, it will be a big shame upon us & our other family members. So, any possibility of bringing a stay order to this?
Answers (3)

Answer #1
966 votes
You can file an appeal against the order under Sec 23(2) of DV act before the jurisdictional District Court and get a stay of the operation of the residence order obtained by her. That will serve the purpose and you will be back in possession of the ancestral property.
Answer #2
780 votes
You can approach the concerned Munsiffs court and obtain an interim injunction restraining her from your peaceful possession n enjoyment of the house. U should file a suit in the court where u seek relief.
Answer #3
783 votes
Hai.
The matter is a complicated one n ur query lacks somany details to answer it. How come she got such an order from magistrate while there is a civil case f partition. r u not contesting ? U might have get a proper contesting decree from civil court challenging her share, even though the law permits share for girls. Consult wih ur lawyer first who conducted the case. He knows the whole deliema n its better to ask him tat posting it here.
hope am upto ur query

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