MOHINDER KUMAR MEHRA Vs. ROOP RANI MEHRA

JUDGEMENT

(1.) THE plaintiff seeks review of the Order dated 29.01.2015 as the relief sought by him in IA No.10523/2014 was omitted to be granted. Order dated 31.07.2014 did not adjudicate plaintiff's actual grievance regarding installation of iron gate on the second floor and putting it under lock, obstructing his access to his water -tank on the terrace.

(2.) I have heard the learned counsel for the parties and have examined the file. The instant suit for partition and permanent injunction was instituted by the plaintiff against the defendants in 2009. Both the parties have already concluded their respective evidence. The matter was listed for final disposal on 14.02.2014. The plaintiff raised an issue for disposal of IA No.1001/2011 (Order 6 Rule 17 CPC). After recording certain observations, the matter was listed in the category of "Short Cause" for 22nd May, 2014. Instead of addressing final arguments, various IAs were filed. After disposal of IA No.1001/2011 by the impugned order dated 29.01.2015, again IA No.2796/2015 filed by the plaintiff seeking amendment resulted in its dismissal with cost Rs. 10,000/ - by an order dated 09.02.2015 and the matter was listed for hearing on 19.03.2015 in the category of "Short Cause". It is relevant to note that defendant No.1 is a senior citizen, aged around 85 years. IA No.4606/2014 was filed by the plaintiff to restrain defendant No.1 from raising any construction on the property in March, 2014. It was disposed of after directing parties to maintain "status quo? to the newly constructed portion also by an order dated 21.03.2014. IA No.5299/2014 filed by defendant No.2 was also disposed of with certain directions to redress his grievance regarding access to the water tanks on the top terrace. The said directions were also made applicable vis -a -vis the plaintiff and his water tanks also. Subsequently, both plaintiff and defendant No.2 filed Contempt applications i.e. IA No.10523/2014 and IA No.9982/2014 respectively; IA No.10523/2014 was treated as an application under Section 151 CPC. This IA was moved on 24.05.2014 primarily to initiate proceedings against defendant No.1 for non -compliance of the directions contained in the order dated 21.03.2014. It was further alleged that defendant Nos. 1 and 5 had installed a metal door frame on the second floor just near the plaintiff's entrance door to obstruct his access to the terrace and water tank kept there. They have put a lock on this door. Another grievance raised was regarding putting a lock from outside on the heavy iron net (jaal) made by the plaintiff at the shaft on their floor for safety purpose.

(3.) THIS IA 10523/2014 was not pressed for disposal by the plaintiff when IA No.9982/2014 filed by defendant No.2 under Order XXXIX Rule 2A was taken up for hearing on 31.07.2014. The IA was finally taken up for hearing on 16.12.2014 and was disposed of by the impugned order. Apparently, neither in the order dated 21.03.2014 nor 31.07.2014 any directions were given regarding the iron gate allegedly installed on the second floor by defendant No.1. Defendant No.1 was given permission to raise construction as per sanctioned plan at his own risk and cost by an order dated 21.03.2014. In IA No.10523/2014, it was not specifically disclosed as to on which date the said iron gate on the second floor was installed. The said IA was only to initiate proceedings against defendant No.1 for non -compliance of the directions contained in the order dated 21.03.2014.