Case for nuisance
Hemant khandelwal
(Querist) 23 September 2013
This query is : Resolved
I want to file a nuisance case against my neighbour as walls of my house get damp from the water that probably leaks from his home's water sources.i am really very fed up of that.what to do?can i approach court for granting injuction?
Dr J C Vashista
(Expert) 24 September 2013
File a civil suit for damages after ascertaining the same, besides complaint before SDM
Nadeem Qureshi
(Expert) 24 September 2013
agree with experts, you have three remedy
1. file a complaint to sdm/dm u/s 133 of Cr.pc
2. file an injunction suit before civil court
3. file a civil suit for damages before civil court.
Feel free to Call
R.K Nanda
(Expert) 24 September 2013
agree with nadeem.
Rajendra K Goyal
(Expert) 24 September 2013
Well advised by the experts, nothing more to add.
Hemant khandelwal
(Querist) 24 September 2013
I read section 133 of ipc and all grounds of that bt i m not able to decide which ground applies in my case?can i approach the sdm directly?do i have to write an application and handover to him or some other legal work is required?and nadeem sir u have suggested three ways.which one is the speedy way to get justice?how much time is expected to be consumed in all this?if sdm orders for the removal of object creating nuisance What will be removed certainly not his house?
Hemant khandelwal
(Querist) 24 September 2013
I read section 133 of ipc and all grounds of that bt i m not able to decide which ground applies in my case?can i approach the sdm directly?do i have to write an application and handover to him or some other legal work is required?and nadeem sir u have suggested three ways.which one is the speedy way to get justice?how much time is expected to be consumed in all this?if sdm orders for the removal of object creating nuisance What will be removed certainly not his house?
Sudhir Kumar, Advocate
(Expert) 24 September 2013
if sdm orders for the removal of object creating nuisance What will be removed certainly not his house?
I believe you do not want his house to be demolished. You only want abatement of nuisance. Am I right.
mahendrakumar
(Expert) 29 September 2013
have you tried some amicable negotiations with him before legal remedies.(legal remedies are costly and time consuming as well as spoils the harmony of neighbourhood most of the time)
Hemant khandelwal
(Querist) 30 September 2013
I have tried my level best to sort out the problem by talking with him.but he is always very offensive and it has always been useless to talk to him.i am compelled for legal help now.
V R SHROFF
(Expert) 30 September 2013
IF YOUR BUILDING IS OVER 15 YEARS OLD, WATER PIPELINE MIGHT HAVE BEEN RUSTED WITH VERY TINY HOLE IN WALL.
NEED BE CHANGED.
as minor water leak causes dampness,
& UR THINKING
"That probably leaks from his home's water sources"
ON WHICH BASED YOUR LEGAL ACTION MAY FAIL , AS HE CAN SHOW HIS FLAT IS DRY, HAVING NO WATER DROP NEAR WALL!!
Hemant khandelwal
(Querist) 30 September 2013
My pipeline is not fixed in wall.i have no source of water in the wall that is getting damp.i am fully sure about the possibility.
Sarvesh Kumar Sharma Advocate
(Expert) 24 September 2013
