ASWINI KUMAR AICH Vs. PARAMANANDA AICH

JUDGEMENT

(1.) HEARD Learned Counsel for the Petitioners and the Learned Counsel for the Opp. Parties.

(2.) THIS Writ Petition is directed against the Order Dated 02.04.2013 passed by the Learned Civil Judge (Senior Division), Jajpur in C.S. No. 32 of 2012 allowing the Defendants to make construction over the suit land.

(3.) KEEPING in view the submissions made by the Learned Counsel for the parties, the Learned Civil Judge (Senior Division) has permitted the Defendants to complete their construction, which has gone up to roof level, but they will file an undertaking in the Court that they will not claim any equity in future and if the said construction falls within the share of the Plaintiff or if the prayer of the Plaintiff for mandatory injunction is allowed, they would vacate or demolish the construction at their own cost and give delivery of possession of the same to the Plaintiff. However, they would not construct any building in addition to the existing building.