How to rise my compound wall

saravanan (Querist) 30 July 2013 This query is : Resolved
we have bought a land 10 years ago and constructed compound wall 9.5 years ago,3 years ago we constructed a house inside the compound wall, while constructing my house, my neighbours lodged a case in court that his 2 feet land is inside of my compound wall,before lodged a case in court, they measured my land by government surveyor,he told my compound wall is constructed correct,now we need to rise my compound wall,because it"s height is low,he can jump to my house through that wall, so it is not safe to my house,is it possible to rise my compound wall through police protection because if we start to rise my wall he started to damage my wall,even if we start a construction work after two feet,for that also he is threatening and restricting by damaging my compound wall and we don"t know what is the status of the case, only vaitha is going ,so please tell me how to rise my compound wall immediately?

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malipeddi jaggarao (Expert) 31 July 2013
Since case is pending, better you keep quiet for the present. You can not prevent people simply by raising your compound wall by 2 feet. They can enter even after you raise the wall. Since case is pending, do not buy unrest and maintain statusquo. No police will come to your rescue for this purpose. If the Government Surveyor certifies that there is no encroachment, submit the same to the court as evidence.

Rajendra K Goyal (Expert) 31 July 2013
Better let the court decide the case first. Defend your case in the court with the help of a local lawyer.

prabhakar singh (Expert) 31 July 2013
Better first check the status of the case,it is not clear where and in which court is the
case pending and why when you state "they measured my land by government surveyor,he told my compound wall is constructed correct,"

If the case is pending in the civil court then it can grant you permission to raise the height of your boundary wall as it does exists on the spot on your undertaking that you shall correct the wall to limits of it's decree,if passed against you.

Raj Kumar Makkad (Expert) 01 August 2013
No more to add in the light of detailed replies.

V R SHROFF (Expert) 01 August 2013
Get injunction order from civil court, claim, it is your Land, and neighbour must not interfere or stop you

Aniket Giri (Expert) 09 August 2013
Everything depends on what kind of case has your neighbour initiated agsint you.

1. If he has started a Civil Title Suit against you and have got an Injunction Order then you wont be able to further raise your boundary wall.

2. If he has started a Civil Title Suit against you and haven't got an Injunction Order then you can raise your boundary wall upto the height which your Municipal Rules permit.

3. You can also file a Civil Suit against your neighbour and get an Injunction Order to construct your Boundary Wall.