A person named Anil (name changed), who bought the adjacent house, wants to enter a passage that solely belongs to me in order to paint a portion of his house. This portion is narrow and contains my bedroom windows, water pipes, and other private structures. The wall he wants to paint is already in fine condition. The problem began because he was told by the previous owner that the passage was “common.” However, after discussing the matter with me and seeing my sanctioned house plan, he understood the reality but is unable or unwilling to accept it. He has repeatedly tried to enter the passage.
Initially, he made requests, but later his conduct escalated into intimidation — sending workers who appeared more like goons, making the councillor call me at 9 PM, shouting aggressively over the phone, and ultimately threatening legal action. I complained to the local municipality chairman and police station, but no effective action was taken.
Eventually, I approached the civil court and filed for an injunction. The court issued him a 15-day show-cause notice, but more than two months have passed and he has not submitted any reply. Meanwhile, after 25 days I attempted a put-up, but as a temporary judge is handling multiple courts, I was asked to wait for the hearing date.
Meanwhile, one evening around 8 PM, Anil arrived with a Sub-Inspector from the local police station. He claimed he had obtained an order under Section 144. The order described the passage as “common” and stated that he may repair his house without creating any obstruction in the passage. This was false, as the passage is private. On questioning, he admitted that he did not disclose the existence of the civil suit. The Sub-Inspector appeared surprised, asked him why he had not appeared in court, and advised him to do so. He also examined my plan and understood that the passage was not common. He clearly told me they could only request permission and could not force entry. He said he had to submit a report and that this was a formal enquiry. He also warned Anil not to attempt entry again.
What should I do now? Is there anything further required from my side? Can Anil use this Section 144 order against me?
Additionally, I suspect he is avoiding court because his registration is voidable, as he bought the property from someone who was not the sole owner and have deprived the rightful brother and sister.
Thanks.
