Reg common passage

Querist : Anonymous (Querist) 11 December 2023 This query is : Resolved
Hi, Need some information regarding common passage Mine and along with 2 other neighbourhood share a common passage. Without informing us ,one of the house owner constructed a sewage plan and also extended a step in the common passage, when enquired used abusive language and threatened to file a case. The common passage is very narrow and one two wheeler alone can be passed,if they acquire space like this then there will be no space left for the vehicle to pass

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Querist : Anonymous (Querist) 11 December 2023
Common passage issue

kavksatyanarayana (Expert) 11 December 2023
How did you get the common passage? Is it mentioned in your sale deeds (three persons' sale deed) regarding common passage? Is there an oral agreement between you?

Advocate Bhartesh goyal (Expert) 12 December 2023
You need to file mandatory and prohibitory injunction suit against your neighbor and get restrained him not to raise any illegal construction in common passage and remove the constructions raised illegally.

T. Kalaiselvan, Advocate (Expert) 13 December 2023
You can file a suit for mandatory injunction aainst the person who creates obstacles in the common passage to remove the same by an order of court.
You can mention that this is a common passage and all the occupants are entitled to easement rights for ingress and egress.
You can get a temporary injunction also on the same lines

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