Injunction
Querist :
Anonymous
(Querist) 25 December 2010
This query is : Resolved
I had filed a suit for permanent and mandatory injunction for removing the some portion of the common wall illegally built by the neighbourer at ist floor. The court has dismissed my suit. The court while decided has not discussed any oral evidence and has mentioned that dispute between the 2 parties is that whether common wall of 9 inche width is partitionable and whehter plaintiff is entitled for 4 and half inches wall. Court has stated that ther is nothing in the GPA and other documents filed by plaintiff to show that plaintiff is entitled for 4 and half portion of common wall. on other hand def. failed to prove that common wall is exclusively belongs to him.Howeverit is admitted fact that both the parties purchased flats after construction and these are separated by 9 inch common wall.In the present case common wall is not a partition wall but same is also a load bearing wall and it has been designed as per the requirement. Court further stated that this wall cannot be partitioned bettween the parties as if same is done then any party can claim removal of his portion then building will collapse. Court further stated that both the parties are entitled to use entire portion of common wall of 9 inch width as per their requirement from ground floor to top floor. Concept of partition of common wall cannot be accepted. Hence sui t is dismissed.
Pl inform whether this judgment can be said to be in my favour as court has recognized that both the parties can use the common wall? Whether on the strength of this judgement I can build room on the vacant portion of my ist floor by interfering the common wall? ( the defendant already has one room on the 1st floor having its lantern on the entire 9’’ wall while the portion on my side of the common wall is vacant? Should I go to the appeal or should I start the work relying on this judgement ? What is the legal remedy available?
