DAVINDER SINGH Vs. SURESH CHANDRA GOYAL

JUDGEMENT

(1.) In this appeal from Order under Order XLIII Rule 1 Code of Civil Procedure, the appellants (original defendants) have been challenging the order passed under Order XXXIX Rules 1 & 2 Code of Civil Procedure whereby defendants No.1 and 2 have been restrained pending the hearing and disposal of the suit, from deviating from the sanctioned plan while raising construction, thereby directing defendants 1 to 3 not to make any opening on the rear side of their properties except as permitted to them according to the sanctioned plan and also restraining the demolition of the adjacent wall in the rear of House No.7-B/1 and 7/B-2, Taimur Nagar, New Delhi and raise the rear wall strictly in conformity with the plan sanctioned by the municipal authorities.

(2.) It may be seen that in the suit for declaration and injunction by the respondents (original plaintiffs), the plaintiffs as well as the defendants prayed for injunction against each other under Order XXXIX Rules 1 & 2 Code of Civil Procedure. The defendants, by ad interim injunction have been restrained pending the suit as pointed out above. In the application filed by the defendants, the plaintiffs are restrained from encroaching upon the public road by raising barricades etc. and also from raising any wall abutting to the adjoining wall of the defendants' premises. The plaintiffs (respondents) have not challenged the said order and this appeal is only by the appellants/defendants against the order passed by the learned Additional District Judge, Delhi, as above.

(3.) It is not in dispute that the defendants' properties bearing No.7-B/1 & 2 are in Taimur Nagar Society whereas the plaintiffs' property bearing No.B- 45 is in Maharani Bagh Co-operative Housing Society and that between these two societies, there is a 80 feet wide road with foot-path on both the sides of the road touching the properties of the plaintiffs and defendants in aforesaid two societies, as pointed out above.