I am building my house. Finally the work is going to be completed. Now I want to plaster my wall, the single wall of mine & neighbour. He is not allowed to do plaster. He threatens the builder that I will file a complaint against you if you do plaster. I already told him while doing the plaster that it's my responsibility if anything happens to our place and will remake it and give it to you. Still he is not convinced. Now what action should I take? I know he has no rights to stop the construction, but I still need guidance on how to take action against him.
You should lodge a non-cognisable report to the nearest police station under Section 155 of the code of criminal procedure that your neighbour is obstructing in plastering on my wall. The police officer after receiving your information can stop your neighbour to create any hindrance in plastering on your wall or send a report to the Magistrate to take a bond from your neighbour.
If the Magistrate thinks that this incident can breach the peace and public tranquillity then he may take action against your neighbour under Section 107 & 116 crpc. You have a right to do plaster work on your wall hence, the Magistrate may take a bond from your neighbour to maintain peace and refrain from causing any kind of hindrance in your property. This is the swiftest process through which you can complete your construction work peacefully.
You can also file a civil suit for the permanent injunction and prevent your neighbour from interfering in the peaceful enjoyment of your property. But the civil suit may take much more time than the criminal proceeding.
