Satyanand 30 January 2022

Common wall and slab at the time of buying

Me and opponent bought the house consisting of 2 portions with common wall and slab. Opponent is now wants to demolish his portion by cutting the slab. This will disturbs my whole house as it is 33 years old and this doesn’t has pillars constructed on rocks. Which is good for staying not for demolition of slab. Even he is ready to repair, if any damages occur but the issue is if total damage occurs to my portion. How I have to proceed. As I’m not affordable to go for huge legal expenses

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3 Replies

Adv. Mohit Chahal (Advocate) 31 January 2022

Dear Dayanand

You may file a civil suit seeking prohibitory injunction order along with an application for temporary injunction to be effective till disposal of your suit.

Merit of your case will be more depending on your ownership documents along with term and conditions on common wall between two of you or even previous owners of properties.

Regards
Mohit Chahal
Advocate
District & Sessions Court, Hisar
Phone No. 9968911099

https://mohitchahaladvocate.business.site/

P. Venu (Advocate) 31 January 2022

Yes, you may approach the civil court and restrain the neighbour. However, any meaningful suggestion requires the perusal of the conveyance deed.

Aryan Raj 31 January 2022

Dear Satyanand,

In the given situation the best option for you will be to go for a prohibitory injunction. A prohibitory injunction is a court order requiring a party to refrain from doing something specific. When there is a negative stipulation, a court can issue an injunction to prevent the breach. It also gives a rundown of the steps involved in obtaining and enforcing an interim injunction.

Regards,

Aryan Raj