Justice Atul Sreedharan held that the civil court’s order failed to reflect how and what right of the petitioner’s neighbour was being violated.
“Undoubtedly, the petitioner has a right of opening of windows on his property even if they are facing towards the house of the plaintiff/respondent,” the Court said.
On the claim that the petitioner would infringe upon his neighbour’s privacy if he opens the windows of his own house, the Court said,
“The contention of the respondents that it would infringe upon the privacy, does not hold water as that is an issue for the defendant/respondent to take necessary steps to ensure their own privacy.”
The Court added the neighbour can protect his privacy “by placing curtains on their windows or by raising a wall on their property which would make their house invisible from the property of the petitioner.”
Source: Barandbench
