DEVI RAM Vs. DEWAN SINGH

JUDGEMENT

(1.) The petitioner has filed this revision petition against an order dated 27th June, 1995 passed by Ms. Indermeet Kaur Kochhar, ADJ. in.Devi Ram v. Dewan Singh and Others, whereby the respondent No. I was allowed to proceed with the construction in the house bearing No. 1309/90, Shanti Nagar, Tri Nagar, Delhi hereinafter referred to as the suit property. The impugned order was passed on an application under Section 151 Civil Procedure Code . of the respondent. The learned Additional District Judge while fixing a date for reply to the said application, permitted the respondent No. 1 to proceed with construction.

(2.) On 11th July, 1995 when this petition had come up for admission, this Court had directed the parties to maintain status quo with regard to the property and stayed the operation of the impugned order dated 27th June, 1995. Counsel for the respondent has filed reply to the revision petition together with the documents relied in support of his case. As the dispute concerned the members of a family, viz. petitioner son on the one side and father and brothers of petitioner on the other side, the matter was adjourned twice to enable the parties to reach a settlement, which would have been in the interest of family. However, it was not possible for the parties to come to a settlement. The arguments were heard on 30.8.1995 and order reserved.

(3.) The facts leading to the filing of the present petition may be noted.