BHARAT BHUSHAN KATARIA Vs. ANITA VASHISHT

JUDGEMENT

(1.) This is an unfortunate case which has travelled to this Court on the issue of an interim order in a suit regarding placement of water tanks of the occupants of the first floor and second floor of the suit property, i.e., H-160, Ashok Vihar Phase-I, New Delhi-110052.

(2.) The suit is between neighbours. The respondents herein are the plaintiffs in the suit and the occupants of the first floor and second floor of the suit property. The petitioners are the defendants in the suit, and owners of the third floor of the property. They claim to have roof rights as well. The plaintiffs filed the suit for a mandatory injunction against the defendants directing them to remove/demolish certain alleged unauthorised constructions and to restrain them from raising any further unauthorised construction on the suit property.

(3.) In the course of the proceedings, a controversy arose about whether the plaintiffs have a right to place their water tanks on the terrace of the suit property or not. It is the contention of the petitioners/defendants that, in terms of a consent order dated 01.12.2014, it was agreed between the parties that the water tanks of the respondents plaintiffs would be installed on a mumty, which is above the staircase of the suit property (above the terrace). Although the plaintiffs made an application for review of the consent order, that application was disposed of by an order dated 20.02.2016. The Trial Court did not find any reason to review the order, but granted liberty to the plaintiffs in the following terms: