MOHAN SINGH KASHYAP Vs. SOHAN SINGH

JUDGEMENT

(1.) This is an application filed by the defendants underOrder 39 Rules 1 and 2 read within Section 151 of the Code of Civil Procedure and in this application the plaintiff has sought the permission of thisCourt to raise the boundary wall on the suit property bearing No. 33/41,Punjabi Bagh (West), New Delhi for the proper safety and security of theproperty. It has also been prayed in the application that the plaintiff berestrained by means of an ad interim injunction from causing any obstruction in erection of boundary walls facing front road and side road of the saidproperty.

(2.) Notice of this application was given to the plaintiff who has filedthe reply in opposition to the application. The plaintiff has submitted that itwas the right and prerogrative of the plaintiff either to construct the wall ornot as the plaintiff was in occupation of the land in question.

(3.) Mr. Sindhwani, learned Counsel appearing on behalf of the defendant/applicant, submitted that the suit property was in occupation of thedefendant and the erection of the boundary wall on the plot was necessaryfor the proper safety to the suit property. In this connection the learnedCounsel drew my attention to the orders dated 11/01/1989 and 18thSep. ,1989 passed in this case, in terms of which the parties were orderedto maintain status quo regarding possession as on 8/12/1987 withregard to the plot in question. Mr. Goel, the learned Counsel appearingon behalf of the plaintiff, however, submitted that the plaintiff was in occupation of the suit property and the plaintiff was willing to erect the boundarywall at his expense.