LAKHBIR SINGH DHILLON Vs. BALDEV SINGH

JUDGEMENT

(1.) The defendant has filed this petition under Article 227 of the Constitution of India for setting aside the order dated 30.11.2005 passed by the Additional District Judge (Adhoc), Fast Tract Court, Bathinda whereby the order dated 31.10.2005 passed by the Civil Judge (Sr. Division), Bathinda dismissing the application of the plaintiff-respondents for interim injunction has been set aside and the petitioner was directed not to raise any further construction of the marriage palace till the disposal of the suit.

(2.) In this case, the petitioner was raising construction of a marriage palace on his land after obtaining due permission from the Municipal Corporation, Bathinda. When the construction of the marriage palace was at progress, the instant suit was filed by the respondents alongwith an application for restraining the petitioner from raising the construction on the ground that the area in which the marriage palace is being constructed by the petitioner is surrounded by hundred of houses and already one marriage palace known as Green Marriage Palace is existing in the said area, and the construction of another marriage palace in the residential area of the colony will cause great inconvenience to the residents of the area. It has been stated that the people coming to the marriage palace used to drive the vehicles in drunken condition, therefore, the accidents often take place and the cultural functions in the marriage party will also cause noise pollution. It has been stated that necessary permission from various departments for raising the construction of the marriage palace has not been taken.

(3.) The suit as well as the application under Order 39 Rules 1 and 2 C.P.C. was contested by the petitioner on the ground that he is constructing the marriage palace at his own land after taking permission from the Municipal Corporation. The plaintiff-respondents have not impleaded Municipal Corporation as a party to the suit which has been filed with malafide intention to cause harassment and financial loss to the petitioner, it has been stated that the locality in question is fully developed and is residential as well as commercial. A marriage palace in the name of Green Marriage Palace is already in existence. The area has not been declared by the Municipal Corporation as exclusively residential area. It has been further submitted that the petitioner has completed all the formalities for construction. He has also made full arrangement for parking inside the marriage palace. Sufficient open space has been left for passing of the vehicles.