MUNICIPAL CORPORATION FARIDABAD Vs. RAJ BALA

JUDGEMENT

(1.) APPREHENDING the demolition of a part of the suit property by the Municipal Corporation, Faridabad on the ground that the construction thereof was raised unauthorizedly and without getting the site-plan sanctioned, the respondent-plaintiff filed a suit for injunction along with an application for ad-interim injunction. The learned Additional Civil Judge (Senior Division), Faridabad, however, dismissed the application for adinterim injunction. The respondent preferred an appeal, which, the learned Additional District Judge, Faridabad vide his impugned order dated May 19, 2004, and after observing that the respondent-plaintiff is admittedly in possession of the suit property since the year 1965, has allowed to the extent that both the parties have been directed to maintain status quo with regard to existing state of affairs during the pendency of the suit.

(2.) IT appears that the main issue which requires adjudication is as to whether the existing structure an unauthorized construction, having been constructed in the year 2001 or is in existence since the year 1965-66. Since the first appellate court has directed both the parties to maintain status quo and the scope of interference in such like cases is quite limited, this revision petition is disposed of with the following directions:-