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Inconvenience caused by neighbours - What can be done


05-Dec-2023 (In Civil Law)
Can I file a case under civil law under the following situation: My neighbours have been sitting in sun on/near my porch for the last 5 years in winters. There are plenty of places available to sit under the sun in our society. Repeated requests have been made to them to sit somewhere else as they talk really loud and disturb me while I'm studying. This amounts to a lot of stress and I am not able to focus on my studies
Answers (5)

Answer #1
686 votes
Yes we can file for a case under civil law and get a restraining order against them on the ground of nuisance caused by them and the court should be inclined to grant the same passing orders againat such persons.

Answer #2
600 votes
You may initiate criminal and civil proceedings simultaneously. You may file complaint before the sub divisional magistrate, under section 133 Cr.P.C., for removal of nuisance. Your neighbour is causing nuisance and in our legal system both civil and criminal remedies are available.

After filing aforesaid criminal proceeding you may file suit for removal of nuisance, damages caused by such act of nuisance and temporary injunction.
Answer #3
882 votes
Yes you can definitely go ahead and file a civil suit for damages stating your grievances you can also seek injunction against them so that they are restrained from further activities in future.Therefore civil relief can be granted.Thanks
Answer #4
986 votes
Hi..

As I understand from the limited brief provided by you, the act of your neighbours sitting on/near your porch for the purpose of catching sun despite there being other options available for the same and annoying you with loud talk is disturbing you and your studies. In the circumstance, you could consider the option of filing a civil action for permanent injunction based on ground of "private nuisance". Having said that, the merits of such an action could be ascertained only after a thorough review of the actual facts and circumstances.

Hope the above is helpful.
Answer #5
946 votes
Dear client,
You have the remedy ..can file a suit for mandatory injunction in the civil court and will get the decree of 'Mandatory Injunction' .....i.e. order for restraining them to sit in your premises.

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