Bombay High Court:<\/b> While deciding an appeal against order of the Trial Court, imposing an injunction on feeding of birds resulting in nuisance, the single judge bench of R. M. Savant J., reiterated the principle that, a person cannot use his personal premises for causing nuisance to his neighbours and other residents and held that the order, did not call for any interference as it was based on well settled principle.<\/p>\n
The plaintiffs and the defendants were the residents in an apartment of residential society in Mumbai. The defendants regularly fed birds from their balcony which resulted in nuisance on account of the filth created by the birds, affecting the plaintiffs along with other members of the society, and any attempt of resolving the issue amicably had failed. In the matter before the Trial Court, the defendants had questioned the jurisdiction of Court in deciding the matter under the Civil Procedure Code and the Maharashtra Co-operative Societies Act, 1980 and had filed a writ petition for the same.<\/p>\n