The dispute in the suit giving rise to the petition is regarding the space under the stair case which belongs to the petitioner. The respondents are not tenants of it but the fact remains that it is being utilized by the respondents as part of their shop.
In the circumstance, the question arises as to whether the courts below are justified in restraining the petitioner from demolishing the stair case which may ultimately affect the space underneeth the same which is utilised by the respondents No.2 to 4.
Issue notice to the respondents returnable at an early date.
The petitioners are however at liberty to submit proposal for the demolition or repair of stair case if necessary but without affecting the right of the respondents to use the aforesaid space to the court below which may be considered in accordance with law.
Order Date :- 3.3.2014 G.S