Home | Legal Advice | Civil Law Cases | Injunction against unnecessary disturbance causing by neighbour

Injunction against unnecessary disturbance causing by neighbour

Shivendra Pratap Singh


07/04/2017/ 6:05:46 PM

Reading Time:

Our neighbour is harassing us because he is saying that we have built an illegal construction and have blocked his way. Whereas, in reality, he has extended his house wall towards the road thereby blocked the access of the main road. Thereupon my dad filed a complaint in Panchayat. But nothing has happened. Now when we have been building a boundary wall then he is harassing us. Don’t understand what to do. Please help me with your suggestion.

Your neighbour has been causing the breach of peach by blocking the access of the main road and interfering in construction of boundary wall. First of all, you should stop such interference. Therefore, you should report this incident to the officer-in-charge of the nearest police station. That police officer will send a report to the executive magistrate for seeking an order under section 145 of the code of criminal procedure.

Section 145 CrPC is a preventive measure and its primary object is to prevent a breach of peach by issuing temporary order in respect of a dispute regarding the property. So the magistrate may issue a notice to your neighbour and prevent him to interfere in construction of boundary wall. Since order passed under section 145 is temporary because magistrate cannot adjudicate the civil dispute so, you have to file a civil suit.

You should file a civil suit for a mandatory injunction to prevent him finally from interference in enjoyment of the property. Being the owner of the property you have an absolute right to make any lawful construction in the property. The absolute owner possesses the right to construct, destructor transfer the property without permission or interference of any person.

They cannot preclude you from the construction of building on the ground that it is illegal and against the bye-laws of the municipality. In Fatima v. Village Panchayat of Merces, 2000 SCC OnLine Bom 475; it is held by the Bombay High Court that a person has no locus standi (right) to prevent the neighbours to construct any part of their building on the ground that construction is illegal.

If any illegal construction is being done then municipality suo motu initiate legal proceeding against the person. Since you have valid permission to construct a boundary wall so no one has locus to stop the construction either by hook or crook.

Your neighbour has been committing a breach of peace therefore you should move an application to the nearest police officer and file a civil suit for a mandatory injunction for the ultimate settlement of the dispute.

shivendra pratap singh advocate

Shivendra Pratap Singh


Practising lawyer in the High Court Lucknow. You can consult on Criminal, Civil, Matrimonial, Writ, Service matters, Property, Revenue and RERA related issues.

Cancellation of Sale Agreement

Question: Cancellation of sale agreement without consent of party. I executed an agreement of sale for a 497 sq.yards site with a condition that I will get clearance from ULC. I took advance of 2 lakhs cheque and 2 lakhs cash, totalling to 4 lakhs. It's been 22 months...

Landlord does not provide a rent receipt

Question: After making rent payment, the landlord does not provide a rent receipt. Also not picking up calls & responding to messages. What action can be taken against him? Asked from: Maharashtra You should send to him a legal notice on his residential or postal...

Forfeiture of earnest money in withdrawal of tender

Question: I am a contractor and have some tenders in BHEL. The Bhel has forfeited earnest money because I have withdrawn a tender. So I want to know whether forfeiture of earnest money in withdrawal of tender is legal in India. BHEL has published tenders for the...

Arbitration in respect of non-arbitrable issues

Question: Some tenders were issued during last financial year. Tenders were in respect of fencing and drainage on both sides of the road. The department has allotted those tenders to my company. Company has to conduct a survey of land and demarcate slope angle for the...

Mud road on my land :  How to get it back?

Question: Government has laid a mud road on my land a few years ago. I have all documents stating the land where the road is laid belongs to me. We do not know about this. How to get my land back? I have all documents stating the land where the road is laid belongs to...

Can mother execute a registered will

Question: Can mother execute a registered will towards the property which she had received from my deceased father? My father died in the year 2021 and he has named my mother as the 100% owner of the existing house in the registered will. I have 4 older brothers and 1...

Appointment of arbitrator under the agreement

Question: My firm is doing business of gravel supply to the government. I want to know whether the appointment of an arbitrator under the agreement is possible? Our firm got a tender from the public works department of Uttar Pradesh. According to the tender agreement...

Kanoonirai has been advising in legal issues since October 2014. You can consult a lawyer through online media, telephonic consultation and video conferencing.