I bought a flat in Hyderabad in 2006. Several times i requested the other flat owners to register a society. But in vain. My neighbors create nuisance by parking their vehicles behind my car, they keep old drums , plantation, cheppals thrown away in the common areas of the floor which is very inconvenient for us to walk in that way. we have only that way to go out. several times we requested them to remove them, they start abusing me and try to man handle me. Recently they bought a car and they do not own any parking area in that flat. they are parking their car also behind my car which is a daily nuisance to me. No peace. Other flat owners in that 3 stair apartment are are also saying your neighbours are intentionally not willing to register a society as they have been enjoying troubling you.
kindly help me in this regards. several time i thought of selling out my flat and get out of this nuisance.
Asked 2 years ago in Property Law from Hyderabad, Telangana
1) issue legal notice to your neighbour to remove drinks , chappals from common areas
2) if they refuse to do so move court and obtain an injunction restraining your neighbour from storing goods in common areas
Hi, you can file a suit for bare injunction restrain your neighbors from not to park your his car behind your car.
2. Under the above circumstances court will normally grant injunction order.
File an application u/s 133 crpc. it is a quasi judicial proceeding and very speedy and efficacious. meet a local lawyer.
To put an end to this nuisance the remedy which may be adopted by you is to seek injunction from the civil court against your neighbours. The court can pass directions to them to mend their ways so that you can peacefully enjoy the property which includes the parking space. The directions can also be sought to take all the necessary steps to register the society.
In the absence of any society, you do not have any choice than to issue a legal notice to the adamant and arrogant neighbor.
He will be doing them intentionally hence he should be taught how to behave in public and how to live in the residential flats.
You may lodge a police complaint also against his abusive attitude and for creating unnecessary nuisance.
You may collect the like minded other neighbors to support your cause.
file civil suit for nuisance. they are committing an act of nuisance which is actionable under law of torts. no need to wait for formation of society. [Rajinder Kumar Dua vs Smt. Savitri Devi AIR 2015]
claim temporary injunction, compensation for mental agony, nuisance and cost of petition.