• Neighbour is creating water to redirect to our property

Neighbour is putting mud upto 6 ft high in his property and also in disputed property ( partition is pending in court)so that water is redirect to our house which has common wall between us and house is 70-80 year old were we are residing . He also demolished partial house bearing common wall without permission . Pls help sir what kind of cases can be put. ( Neighbour is habitual offender with multiple cases against many other people too)
Asked 9 months ago in Civil Law

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19 Answers

In pending suit seek orders to direct neighbour to remove debris dumped on his property as all water is flowing into your property 

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

Well.  Lodge complaint with local police. 

However police help is not your permanent solution. 

To deal with this perennial problem file a civil suit for declaration and injunction.  Seek ad interim restraint order. 

Before that filing a case under section 144 cropc is a good short term efficacious remedy. 

Devajyoti Barman
Advocate, Kolkata
22452 Answers
353 Consultations

5.0 on 5.0

File a case under section 107 of the crpc before the executive magistrate.

Swarupananda Neogi
Advocate, Kolkata
2925 Answers
6 Consultations

4.7 on 5.0

File a permanent injunction application in court for having a stay over any kind of conversion in the disputed property 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can file complaint with the police, SDM & DM Court for creating nuisance , can file a case claiming damages to your property in Civil Court which will be better option claim upto 50 Lac you should file, then he will come on the knee.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

Dear sir,

You can lodge a complaint for mischief (causing damage to property) and criminal intimidation. 

You can also bring this into the notice of court and move an application for granting an order of temporary injunction restricting him from carrying on any activities on the disputed property. 

Agam Sharma
Advocate, New Delhi
617 Answers
6 Consultations

5.0 on 5.0

His act is causing annoyance to the public(you) and amounts to nuisance. You can file police complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
21439 Answers
31 Consultations

4.4 on 5.0

Dear Sir/Madam,

It is suggested that  you file the police complaint as well as the case of the injunction against him. 

Ganesh Singh
Advocate, New Delhi
6616 Answers
14 Consultations

4.5 on 5.0

In the same partition suit, you may file an   application seeking injunction against the neighbor for his such illegal activities which is endangering your peaceful living.

You cannot file a fresh suit.

Alternately you also enter into such arrogant and atrocious activities like him, let he go to court or police, you can take photographs of his illegal activities and defend your interests.

 

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

- Since, the partition suit is already pending before the court , then any work in the said property is against the law, specially when injunction application already allowed.

- If you are party in the said partition suit , then move an application for permanent injunction against that neighbour .

- Otherwise file a suit for Permanent injunction suit before the court to stop any construciton , and to disturb your possession . 

- However, before filing a case , you should lodge a complaint before the police and higher official . 

Mohammed Shahzad
Advocate, Delhi
7090 Answers
74 Consultations

5.0 on 5.0

you can file a permanent injunction suit against the said person restraining them. 

Mohammed Mujeeb
Advocate, Hyderabad
19003 Answers
20 Consultations

4.5 on 5.0

An fir must be lodged for criminal intimidation threats. An injunction must be sought from the court where the matter is pending.

Rahul Mishra
Advocate, Lucknow
12674 Answers
32 Consultations

5.0 on 5.0

You should file a case for getting stay on construction on property with land fillings of 6 ft above road level which can cause damage to your property.


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Hello


Hello

Mohit Kapoor
Advocate, Rohtak
10689 Answers
7 Consultations

5.0 on 5.0

You need to file complaint to police for mischief they will take action. If not resolved file complaint in court

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

If there's a stay pending against you,  what prevented you from filing a petition to vacate the stay order against you. 

The police will not come to your rescue in this matter since it is a civil case  and there's already a case pending before court in this connection. 

The corporation authorities also have nothing to do in this case. 

You have to follow it up properly through court of law alone. 

You may discuss with your advocate at length and proceed as suggested. 

T Kalaiselvan
Advocate, Vellore
72791 Answers
1111 Consultations

5.0 on 5.0

Install CCTV cameras in your property 

 

next time if e dumps mud on your property video footage would help you in making out a case

 

if police refuse to take complaint against neighbour you can always file private complaint against neighbour before magistrate 

Ajay Sethi
Advocate, Mumbai
82706 Answers
5254 Consultations

5.0 on 5.0

You can also file a suit for vacation of injunction in Hon'ble High Court of competent jurisdiction. if neighbour encroaching  file police complaint in that regards Or you can file private complaint before competent court. you can also file a civil suit to injunction and declaration and obtain stay from court.

Mohammed Mujeeb
Advocate, Hyderabad
19003 Answers
20 Consultations

4.5 on 5.0

1. Install cctv and gather evidence

2. Challenge the same in higher court

3. File complaint to superior or approach court directly

4. You need to seek direction from court against such illegality

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

Dear Sir/Madam,

If the police is not working or injunction is taken against you, then also you may file the cases in court against him as private complaint and injunction suit. 

Ganesh Singh
Advocate, New Delhi
6616 Answers
14 Consultations

4.5 on 5.0

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