Interim relief cpc o.39, r 1&2
Naveen Jain
(Querist) 29 July 2012
This query is : Resolved
dear users i want a judgement for the following query
our shop is adjoining to neighbours shop..middle wall shared by both..
neighbour shopkeeper have made sunshade.projection on all the sides of their shop. so their projection/sunshade also touched our shop from the front. now they are trying to raise construction over that wall i.e over projection/sunshade which is going to considerably cover a large front of my shop..
plzz sugggest some judgements
ajay sethi
(Expert) 29 July 2012
for judgements visit indian kanoon website .
no un authroised construction can be made . if they seek to do so you can move court and obtain an injunction restraining them for carrying out further construction .
they have to obatin necessary permission from muncipal corporation for carrying out further construction .
prabhakar singh
(Expert) 29 July 2012
Agree with Mr.Sethi.
You do have a cause of action to restrain him from raising any construction so as to hinder
in free use of your side of property and such a construction can not go as even if he seeks permission of municipality ,the same shall and can not be granted in the wake of inconvenience proposed to be to the use of your side of property.
We should NOT be so shaken towards protection of our rights as to look every time for a case law for even basics.
Naveen Jain
(Querist) 29 July 2012
thanks sir @ prabhakar singh... but our courts , hey are desirous to get judgements so as to give interim releif..
JANAK RAJ VATSA
(Expert) 30 July 2012
appreciate your need for the case law but as brought out by ld prabhakar singh ji, it is a clear cut made out case which can stand any scrutiny so no need to seek any shelter of any case law .however , you can search from the indiankanoon, if still required
