How to demolish wall in our property
Karthick Neelakandan
(Querist) 12 April 2023
This query is : Resolved
Dear Lawyers,
I'm based in Coimbatore and I would like to seek our advice in my case.
We have a land dispute with our Neighbour. The property was bought way back in 1972 by my Grandfather and at that time, there wasn't any compound walls or to leave space around the house.
Ourself and our neighbour had a common wall, one side of it is in our place where we had our roof tiles inserted and other side is our neighbours. The wall is 3 foot in thickness, 1.5 feet on our property and 1.5 foot on his land. He tried to construct a restroom trying to take 3 feet in our property but my father lodged a complaint, took an injunction order and stopped it. Then he started claiming that the entire wall which is of 3 foot is his own wall which implies (1.5 foot & 50 foot of land which is 75 Sq.foot) belongs to his property. My father filed a civil case and after 15 years, we got a judgement stating that he can only repair or paint the wall from January 1 to 15 but he shouldn't construct anything. In the year, 2014 we demolished our roof tile house and constructed 2 Storey building. Though he created several problems, we were able to construct our house.
But yesterday i.e. April 12th, 2023, he started repairing his roof tile by putting up a hole in the wall. We immediately called up the police. Though we have a judgement stating that he can repair it only between January 1 till 15th, Police didn't take up our case and they also allowed them to continue the work. We even asked for CSR copy, Police not even provided it but also abused us.
Moving forward, I have several questions before we legally move ahead.
1) Is there an expiration date for a Civil case judgement? Police is saying that we have got the judgement in the year 2005 and they can't accept it.
2) Can we go for Condemn of court or file prosecution petition since the Neighbour is not abiding by the judgement?
3) Is there an option to demolish the wall which is in our property? What sort of case should we file?
Eagerly awaiting your help.
T. Kalaiselvan, Advocate
(Expert) 14 April 2023
1. There is no expiry date for judgment, it can e overruled or set aside in an appeal only.
2. You can file contempt of court case agaisnt the neighbor.
3. You can file a suit for mandatory injunction to remove the wall which was illegally constructed in your property by him
Sri Vijayan.A
(Expert) 14 April 2023
I agree with Adv Sri T Kalaiselvan
