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Encroachment of common space how to proceed legally
22-Feb-2023 (In Civil Law)
There is a blind lane in between my house and the next building. At the end of that lane another house is situated which is at the back side of my house.Now that neighbour is trying to fix a gate at that passage with an intention to encroach the entire space.If it is done I shall not be able to maintain outer portion of my house facing that passage. Last year he tried to do so and I lodged complaint with the local Police Station and also got order from the court under Sec.144 restraining him from illegal construction. Since validity of Sec.144 has expired he is trying to fix the gate again. Please advise me whether any other legal action is available for restraning him permanently from doing any illegal construction.
Hello,
You need to file a civil suit for restraining him from fixing the get and need to get a temporary injunction first. To guide you properly i need more information. Please contact me with the detailed facts.
You need to file a civil suit for restraining him from fixing the get and need to get a temporary injunction first. To guide you properly i need more information. Please contact me with the detailed facts.
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You can file a execution case of the said 144 order before that Executive Magistrate for the remedy on that effect by using previous claim. And you have to pray for the execute of said previous order that the respondent not maintaining it.
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Adv. Tanchan
Chandrokona | 25+ Answers
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MY OPINION THAT you have legitimate right to use this as common as like others,so you have equal legal right to use this common place in between, as like that you have so many legal options to stay the illegal use of the place though competent forum or forums.
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Adv. Ranabir Banerjee
Kolkata | 200+ Answers
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The matter falls in jurisdiction of the civil court and there is only one permanent remedy possible which is seeking permanent injunction on the person restraining him from taking the said space. Otherwise a complaint may also be lodged with the police and the municipal corporation detailing the matter.
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Adv. Vineet Kothari
Kolkata | 25+ Answers
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Pls. go to appropriate civil cout and file an application for injunction therein stating the fact. After obtaitthe order of injunction if problem persists then pls file another application for police help to execute the order of injunction.
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