Neighbour has made a door opening

4WhatIsRight (Querist) 10 September 2021 This query is : Resolved
I am a super senior citizen, own a shop which has entrance through a common passage leading "only" to my shop.
Same is reflected in my deed of conveyance. (W) Entrance, (E) shop and wall on both sides (N & S).
Recently in my absence, my neighbour has made a door opening to that common passage from the wall on South side. His objective is to encroach the common passage leading to my shop.
I approached the local ps and (being influenced) they said that it is civil matter, you go to court.
Isn't such matter a criminal offence? What are the remedies to such illegal acts?

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Quick Summary

A shop owner is facing a neighbour who has created a door opening into a common passage exclusively leading to the owner's shop. Despite police advice that it's a civil matter, the owner seeks to understand if it's a criminal offence and what remedies are available. Legal experts confirm it's a civil dispute, recommending a civil suit for injunctions, as police intervention is unlikely and the passage's use is likely governed by property deeds.

Advocate Bhartesh goyal (Expert) 10 September 2021
File civil suit for mandatory and prohibitory injunction, it is not an offence so police will do nothing.

Pradipta Nath (Expert) 10 September 2021
It will be wasted of energy as there is no law which you can prohibit others to enjoy a so called common passage. Though as rightly highlighted by Learned Senior Goyal Sir, this dispute is purely civil in nature. However proper appreciation of facts and documents is needed for forming of opinion for legal recourse.

SHIRISH PAWAR, 7738990900 (Expert) 10 September 2021
Hello,

Yes, it is a civil matter. In case your shop is in society then you can make complaint to society and society can take action against him Otherwise you will have to file civil suit.

kavksatyanarayana (Expert) 10 September 2021
Consult a local lawyer and file a case if advised by your counsel.

Dr J C Vashista (Expert) 11 September 2021
Well analysed, opined and advised by experts, I agree and appreciate.

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