My neighbour in Lucknow is building over my boundary; can I get a stay order?
NI Asked by Nisha Bhatt from India
Quick Answer
You can file a suit for injunction with a temporary injunction application under Order 39 Rules 1 and 2 of the CPC before the civil court in Lucknow, restraining the neighbour from encroaching or continuing construction.
Detailed Legal Analysis
You can file a suit for injunction with a temporary injunction application under Order 39 Rules 1 and 2 of the CPC before the civil court in Lucknow, restraining the neighbour from encroaching or continuing construction. The court grants relief on a prima facie case, balance of convenience, and irreparable injury.
The injunction can be ex-parte initially, then confirmed after notice. Appeal lies to Allahabad High Court.
Uttar Pradesh Rent Control Act 1972 on building permissions and municipal rules may support your case. A mandatory injunction can direct removal of encroachment.
You must show urgency and file with supporting documents like the property tax receipt and survey sketch. The defendant can contest and seek vacating of the injunction.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.