• Society kids causing nuisance

Our apartment in the society is directly adjacent to a driveway in the ground floor. It is impossible to work quietly from home when kids play large format games such as football or cricket. The apartment does not have large playground for large format games. We have been harassed by both parents and kids and now society. Society has earlier heard our case and had come to a conclusion that this driveway is a no play zone. The new committee isn't favorable to us and has issued a notice that kids can play and disturb us. Need a stay order from the court. Moreover I am also a migraine patient and need to rest regularly, but it is impossible to do so in the din. Kindly suggest avenues.
Asked 2 months ago in Civil Law

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9 Answers

  1. Based on proving that you are a migraine patient and other occupants also suffer from health ailments, who all need rest, you can send a legal notice to the President of the Society/Association, to declare the driveway as No play zone.
  2. If there's no positive response from the Society/Association, then it's advisable to bring a court order to stop the kids from playing in the driveway zone.

Shashidhar S. Sastry
Advocate, Bangalore
4578 Answers
269 Consultations

5.0 on 5.0

1) file suit seek court orders directing society to implement drive way as no play zone 


2) seek injunction restraining kids from playing in drive way zone 

Ajay Sethi
Advocate, Mumbai
90490 Answers
6637 Consultations

5.0 on 5.0

If you have been served with a legal notice then it becomes your duty to issue a reply notice denying their allegations and can make your counter claim to them to restrict the children using the drive way as play ground, failing to obey the instructions. the society should take legal action against them as per bylaws of the society. 

If there's no proper response from the society,  you may resort to further legal action against the society either by approaching the registrar of cooperative society with a complaint against the society or file an injunction suit before the cooperative court. 

T Kalaiselvan
Advocate, Vellore
80654 Answers
1740 Consultations

5.0 on 5.0

Recreation/sports is part of right to life guaranteed in COI. You may not get a satisfactory order from Court. Explore other alternatives.  

Ravi Shinde
Advocate, Hyderabad
3637 Answers
42 Consultations

5.0 on 5.0

Hi, you have to file a suit for permanent injunction restraining the society and its members for use the driveway into other activities.

Pradeep Bharathipura
Advocate, Bangalore
5475 Answers
317 Consultations

4.5 on 5.0

You can give complaint against society in the sub registrar of your ward of apartment association.

Ganesh Kadam
Advocate, Pune
12676 Answers
215 Consultations

4.9 on 5.0

You need to file.a suit in court and take injunction order 





Prashant Nayak
Advocate, Mumbai
29082 Answers
113 Consultations

4.1 on 5.0

Dear client I am sorry to hear that what is this case you can approach their parents oh the society itself to take action against those child. In case it does not work out then you can approved your nearby police station and ask to pay a visit and resolve the matter

Anik Miu
Advocate, Bangalore
6256 Answers
68 Consultations

4.9 on 5.0


file a police complaint in the nearby P.S. and Then proceed for a civil suit under nuisance and on your medical grounds. 

Riti Gupta
Advocate, Mohali
16 Answers

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