• Neighbor tort and nuisance

Sir my neighbor is creating nuisance by hammering a floor mat and by hammering nails to my wall. He has even clamped the pipe line to my house wall as i have not provided set back i have constructed my home to its end it is not a common wall. I have filed an case on him but now it in evidence stage but till the court takes any decision it will take another 1 Year. I have recorded their illegal activity in my camera to provide as evidence to court. I have even filed a police complaint as the matter is in front of court police is not taking any kind of action against him. He is taking the advantage of this and creating nuisance ever day. what to do please suggest.
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Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

1. you can adduce evidence after summoning order.

2. you should take a copy of recording and certify it by an affidavit. without affidavit such evidence cannot be read in evidence.

3. you should borne in mind that you are under burden of proof to establish your case therefore you have to adduce evidence either at earlier stage or after summoning order.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

1) has court not granted any stay order ?

2) if no stay has been granted draw attention of court to continuous nuisance created by neighbour and seek urgent interim reliefs

Ajay Sethi
Advocate, Mumbai
95216 Answers
7611 Consultations

5.0 on 5.0

If you have already approached court with a suit, and if the neighbor is still creating nuisance one by one every day, you may take a photograph of the undesirable activity he is indulging in, file an interlocutory application seeking temporatry injunction restraining him from indulging in any such act which is detrimental to your peaceful living and this photograph along with a CD of it, can be produced before court as evidence of the alleged acts.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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