Kumar 28 August 2018

Laywer blocks the path

A lawyer in our apartment blocks woman's parked scooty by his car and two wheeler. Is it woman harrassment? How to handle him?. There is cc camera to monitor what he does. Please help me. I am from Dharwad of Karnataka. I do not want to take law in my hand.

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(Guest)

Depending on where lawyer has parked his car, only aggrieved party (i.e, woman) can file a suit for private nuisance. Normally, you cannot act on behalf of the woman, as she is the affected party in this case, unless she has executed a special power of attorney to defend her case in court.

However if you are in any way directly or indirectly affected by parking of lawyer's car (i.e. you cannot take out your own vehicle without him removing his car/scooter first), you can explore the following options:(i) either approach him & try to resolve the issue amicably, if you are affected in any way (ii) lodge a formal complaint with police if you are affected party or; (iii) along with the woman, file a private nuisance lawsuit for joinder of claims u/Order 1 Rule 1 Civil Procedure Code, 1908 against the lawyer for unlawful interference & disturbance of your legal easementary right of of way u/Sec. 35 Indian Easements Act, 1882.

For further queries, you can revert at basu_kunal@hotmail.com.

Regards