In pending suit seek orders to direct neighbour to remove debris dumped on his property as all water is flowing into your property
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 5 years ago in Civil Law
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19 Answers
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.
File a case under section 107 of the crpc before the executive magistrate.
File a permanent injunction application in court for having a stay over any kind of conversion in the disputed property
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.
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.
His act is causing annoyance to the public(you) and amounts to nuisance. You can file police complaint.
Dear Sir/Madam,
It is suggested that you file the police complaint as well as the case of the injunction against him.
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.
- 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 .
you can file a permanent injunction suit against the said person restraining them.
An fir must be lodged for criminal intimidation threats. An injunction must be sought from the court where the matter is pending.
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
You need to file complaint to police for mischief they will take action. If not resolved file complaint in court
1)Neighbour brought mud from outside and dumped to cause is trouble as rain water will flow to our side. 2) he has taken injunction on us already and now he is playing by demolishing the house attached to our house having common wall 3) Police is not helping as neighbour is business man and has multiple bars 4) Corporation is also telling it doesn't come under their preview. There is however a partition suit going on. We are helpless as noone is helping.
Asked 5 years ago
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.
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
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.
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
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.