Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 8056 of 2018 Petitioner :- Rakesh Kumar Dixit And Another Respondent :- Rajesh Chandra Dixit Counsel for Petitioner :- Chandra Kumar Rai
Hon'ble Mrs. Sunita Agarwal,J.
The present petition is directed against the temporary injunction order dated 26.09.2018 passed by the IInd Additional District Judge, Bareilly in Misc. Appeal No. 37 of 2017, it is demonstrated by the learned counsel for the petitioners/defendants that the house of the plaintiff is surrounded by roads on three sides and it is well lit up being open to sun. So far as the house of the defendant is concerned, it is contiguous to the house of the plaintiff as there is a common wall between two houses.
Submission is that any construction raising by the petitioners on the third floor of their house would in no way obstruct the light and air of the plaintiff's house.
The alleged balcony (Chhajja) of the petitioners allegedly existing at the first and second floor of the house of the plaintiff, as communicated by the Amin Commission in his report is wrong narration of the position of site in question.
The matter requires consideration.
Issue notice to respondent No. 1, returnable at an early date. Steps be taken within one week.
List on the date fixed in the notice.
Till the next date of listing, the effect and operation of the order dated 26.09.2018 passed by the First Appellate Court in Misc. Appeal No. 37 of 2017 arising out of Original Suit No. 217 of 2016 (Rajesh Chandra Dixit Vs. Rakesh Kumar Dixit and another) shall remain stayed.
Order Date :- 27.10.2018 Kamar