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how can i stop construction by neighbour in common area of building
13-Sep-2023 (In Property Law)
My opposite party constructing his building in the area common to me .I want to get the stay. But before I get the stay he gave me the caveat I want to stop the construction in my area what should I do I want immediate response..
First of all you should have issued him with a legal notice instructing him to restrain from raising any structure in the common area as he has no rights to utilise the common area meant in common for all and such an action is illegal by law as well as against natural justice. After the stipulate time given in the notice even if he responds to the notice with a reply but is not obliging to comply with the demand made, you may initiate legal process.
The caveat application filed by him in the court is for an information to court that any action to be taken on any case to be filed by you against him is to be informed to him by a notice and no exparte injunction or action to be taken against him . This will not stop you from filing a suit for permanent/mandatory injunction restraining the defendant from erecting any structure in the common area violating others rights in the common area.
So you can very well file an injunction suit against the defendant seeking the relief to restrain him from proceeding with the proposed construction in the common area, and an application to appoint an advocate commissioner to inspect the disputed scheduled property to assess the encroachment of the common area by the erected structure and to submit a report recommending demolition of the encroached common area.
The caveat application filed by him in the court is for an information to court that any action to be taken on any case to be filed by you against him is to be informed to him by a notice and no exparte injunction or action to be taken against him . This will not stop you from filing a suit for permanent/mandatory injunction restraining the defendant from erecting any structure in the common area violating others rights in the common area.
So you can very well file an injunction suit against the defendant seeking the relief to restrain him from proceeding with the proposed construction in the common area, and an application to appoint an advocate commissioner to inspect the disputed scheduled property to assess the encroachment of the common area by the erected structure and to submit a report recommending demolition of the encroached common area.
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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You have mentioned that already your opposite party has taken a caveat, in these circumstances you need to give notice to him and file the suit for injunction before the local Jurisdiction court. If balance of convenience is with you court may grant stay. Alternatively find whether he is violating any laws and if you find any laws are violated, make a complaint to the local authority to stop the construction.
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Sir
You please file a suit against the territorial civil court.caveat petition is nothing but "hear me before pass any interim order". If you have valid documents to substatiate your claim of common area, you can very well approach civil court immediately
You please file a suit against the territorial civil court.caveat petition is nothing but "hear me before pass any interim order". If you have valid documents to substatiate your claim of common area, you can very well approach civil court immediately
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Adv. N Sudalai Muthu
Madurai | 100+ Answers
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