The petitioner is a plaintiff in the suit. He filed the suit for permanent injunction restraining the defendant not to demolish the wall, which is marked as B K along with an application for interim relief. After commission report and on consideration of entire facts and circumstances, the trial court has granted injunction against which the defendant filed an appeal which has been allowed by the impugned order dated 30.4.2011.
Learned counsel for the petitioner submitted that the dispute relates to wall B K only as per the commission report there is one almirah opening of which is towards the house of the plaintiff which proves that the wall belongs to the plaintiff and in case if the defendant will be permitted to demolish the wall the petitioner will suffer irreparable loss.
Issue notice to the respondent returnable at an early date. The petitioner may take steps to serve the respondent within two weeks by registered post.
List in the week commencing 18.7.2011.
Till the next date of listing, the parties are restrained from demolishing the wall. Both the parties shall maintain status quo.
It appears that the defendant has moved an application for repairing of the wall. The trial court is directed to dispose of the said application and in case if the trial court feels that the wall is in a dilapidated condition and needs repair then without demolishing of the said wall, the defendant may be allowed to make necessary repairs.
Order Date :- 18.5.2011 OP