GIRISH CHANDRA DHASMANA Vs. MADHAVI RAWAT

JUDGEMENT

(1.) By means of present writ petition, the petitioner seeks to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 02.06.2016, passed by Civil Judge (Jr. Div.), Ramnagar in petitioner's suit O.S. no. 24 of 2016, Girish Chandra Dhasmana vs Smt. Mahavi Rawat (Annexure no. 1 to the petition), only to the extent of non-grant of interim injunction in favour of the petitioners herein, and may further be pleased to restrain the defendant / respondent from carrying on or continuing further works of construction over the petitioner's southern damaged foundation without prior treatment of the leakage and rectification of the damage to petitioner's southern foundation, till the disposal of the petitioner's ad-interim injunction application (paper no. 6C).

(2.) Counter affidavit filed on behalf of the respondent today in the Court in taken on record.

(3.) The facts giving rise to the present writ petition are that the petitioner has constructed a house over his freehold plot, admeasuring 71.86 sq. mts., situated at Kotdwar Road, Ramnagar and to the south of the said plot the house of respondent exists. The free-hold was granted in favour of the petitioner vide free-hold deed dated 13.01.2014, as per Government Order of the State Government. Petitioner constructed a double storey house, where he was currently residing with his wife and old age mother. Prior to petitioner's construction there exists the old house of respondent on the southern side. The respondent started constructing a new house by digging the foundations on 06.05.2016. Suddenly, on 08.05.2016, with the aid of JCB machine, respondent started digging earth for erecting columns at four corners of her land. Due to heavy and careless digging of the earth by the JCB, the water connections to the west of the respondent's plot towards the petitioner's plot started leaking and water also started pouring out of petitioner's southern foundation and filled the pits dug by the respondent for her foundation and for raising columns.