HARAVTAR SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) INSTANT revision has been filed under Article 227 of the Constitution of India for setting aside the order dated 31.05.2011 (annexure P -8) passed by the learned Additional District Judge, Jalandhar and for restoring the order dated 16.04.2011 (Annexure P -6) passed by the learned Additional Civil Judge (Sr. Divn.), Nawanshahr vide which parties were directed to maintain status quo regarding structural alteration. Briefly stated, the facts of the present case are that the petitioner filed suit for permanent injunction restraining the respondent -defendant from making any structural alterations in any portion of the house situated in Lal Lakir of village Kamam, Tehsil and District Nawanshahr. In the said suit, application under Order 39 Rules 1 and 2 CPC was also filed. The trial Court vide order dated 16.04.2011 (Annexure P -6) ordered the parties to maintain status quo regarding structural alteration. Feeling aggrieved by the order dated 16.04.2011 (Annexure P -6), the respondent -defendant filed appeal before learned Additional District Judge, Jalandhar and vide order dated 31.05.2011 (Annexure P -8), the order dated 16.04.2011 (Annexure P -6) has been set aside. Hence, this revision.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) SINCE there is a specific admission of the petitioner with regard to the construction and now when the respondent wants to renovate/reconstruct his house, the petitioner has no right to interfere with the construction work of the respondent.