Civil suit for leakage from above flat


Dear Experts, I am facing leakage problem from the above flat and the flat owner denying to ge the same repaired. The leakage is spreading more and more damaging my property. So my first priority is get it repaired. I even offered him to pay all expenses, but still he is denying. In such case, I have no other option but to file a civil suit against him for injuction. My first target is to get the releif from leackage. I have two options. Experts are requested to guide which one is beter 1) Option No 1 - First Can I request court to appoint some engineer from municipal coropration to inspect and present report (It will prove that leakage is from above floor) under Order 39(7) of CPC. On receipt of report can I file for temporary injection (stay order) for preventing the above flat owner from using the bathroom/toilet as it is damaging my property under Order 39(1)a of CPC. What are the chances of success in this case? 2) Option No 2- Directly requesting the court for temporary injection to get the repairs done in above flat at my expenses under Order 39(1)a of CPC. Can this application be granted immediately? I am not worried about money. My intension is to get the leakages stop preventing further damages. So please guide me with best option as I dont want to be stucked in long long dates of civil cases. Also any other better option than this is most welcomed Thanking you in advance.
 
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ADVOCATE

Complaint to co-operative court will solve your greviance.

 
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Thank you for your response.

 

But society is not registered. There is just an association in the society and the owner above me is secretary of the association. So no benifit in writing to society.

 
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ADVOCATE

Then in that case civil suit is possible. But I am afraid, it will be time consuming.


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Are there any chances when court will grant immediate temporary injuction as in case of Option No2 where I can request the court for temporary injection to get the repairs done in above flat at my expenses under Order 39(1)a of CPC

 

 
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ADVOCATE

Your temporary reliefs are in the nature of entire relief. Your advocate need to argue the matter well.

 

Better seek a relief that Defendants in the interim be directed to deposit the amount of repairs as per the quotations of structural engineer alongwith damages alongwith interest in the Hon'ble Court with a permission to you for withdrawal of said amount.

 
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