BALDEV RAJ Vs. SAVITRI BAI

JUDGEMENT

(1.) Main question involved in the present revision petition under section 115 of the Code of Civil Procedure (in short code), which is directed against an order dated January 23, 1981 of Shri R. C. Chopra, Senior Sub Judge, Delhi, is as to whether a temporary mandatory injunction can be issued as an ad interim measure during the pendency of the suit and if so under what circumstances ?

(2.) In Jangpura Extension Market, New Delhi, there is one block of building consisting of 10 shops on the ground floor and 10 flats on the first floor. There is one flat on every one of the shops. Flats are numbered as 1 to 10 and likewise shops are also numbered as 1 to 10. There is common stair case for approach to flats Nos. 1 and 2. There is another common stair case for approach to flats Nos. 5 & 6 and yet another one for approch to flat Nos. 7 and 8. There is no stair case for reaching flat Nos. 3 &4as well as flats Nos. 9 and 10. Flat No. 4 belongs to the plaintiff-respondent (hereinafter referred to the plaintiff). Flat No. 5 belongs to defendant petitioner (hereinafter referred to as the defendant.)

(3.) According to the plaintiff she has been having access to flat No. 4 through flat No. 5, which was obstructed in the middle of Maich and thereafter on. April 7, 1.980 was blocked by constluction of wall, shown as CD in red colour in the plan attached with the plaint. Therefore) she biought a suit praying for the following reliefs :-