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Thiyagarajan E   12 April 2023

Common passage issue

We are living in a common passage with first position belongs to one person, Second portion belongs to us, We have reconstructed our portion and planned to make slope from the first portion end to our portion for our access, beyond  our portion there are 4 more portions.

Now the first portion person filing suit to not to construct any slope in this common passage, Also there was a small pit at the first portion common passage which was there for more than 100 years,, kindly advice



Learning

 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     12 April 2023

 common passage cannot be encroached upon by anyone. Neighbour can give police complaint or grievance submit to the local municipal authorities.

Real Soul.... (LEGAL)     12 April 2023

The matter is in the court so the advice is to contest the case, give the details to court and try to make the interim directions if any to be vacated, and proceed with your construction.

If you are sure to succeed then give an undertaking in court that  if you did not succeed in the case you will demolish the slope.


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