1) file appeal against court order rejecting your stay application
2) if neighbour wants to run bhajan classes in garage he should sound proof the garage so that no nuisance is caused to the neighbours by running of classes
Bhajan classes in neighbor's garage
My neighbor runs a bhajan/music classes in a open garage for about 40 students. These classes have been running from several years but due to my personal problems I was not staying else where. I came back to occupy my house about 5 years back. I was having serious issue with many visitors and noise pollution. I complained to our association. My neighbor did not heed to association requests. So this year I filed a law suit. I requested for stay order but it was dismissed. However court has given a direction not to park and to maintain calmness and tranquility for us. However my neighbor continues to conduct classes in a garage which has no sound proof and 40 children signing causes a disturbance in my living room. We are forced to listen to religious song which are not interested. Court direction did not address my issues How to go about solving this issue?
Asked 8 years ago in Civil Law
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7 Answers
My request for "stay order" was dismissed in civil court. So I will need to appeal in high court, correct? I have spend huge money in buying and maintaining the property and people who are coming to attend free classes. I cannot use my lawn area , living and dining because of visitors and noise. Are these valid reasons that I can mention in my appeal?. I have a 80 year old mother living with me.
Asked 8 years ago
yes you have valid grounds for appeal in HC
2) emphasis fact that mother is 80 years old
3) that 40 persons attend the bhajan classes
4) that you cannot use your lawn area , living an dinning room because of non stop noise pollution
If the garage belongs to your neighbor, he is entitled to any activity that is not illegal including of organizing Bhajan classes. If it is problem just for you and not for the other neighbors, this definitely cannot be stopped. However, if the people who visit him are disturbing the peace and harmony of the locality can be taken to court.
1. It seems that your application for temporary injunction was dismissed by the trial court, against which order you can file an appeal to the first appellate court.
2. The order can be appealed to the District Judge if it has been passed by the Civil Judge (Senior/Junior Division).
3. Bhajan classes cannot be conducted in a manner that cause noise pollution and infringes your right to live peacefully,
You should have filed a suit for permanent injunction against the nuisance creator.
Since your case was dismissed in the trial court you may prefer an appeal against it before next appellate court..
You may go through the bye laws of the association.
Find out any loopholes in it and manage to prefer an appeal.
My request for "stay order" was dismissed in civil court. So I will need to appeal in high court, correct?
if order is passed by the civil judge junior division then you can file appeal before the senior division.
if order is passed by the civil judge senior division then you can file appeal before the district judge.
only second appeal lie before the high court and only on the substantive question of law.
