SANGEETA RANI AND OTHERS Vs. PRINCE AND ANOTHER

JUDGEMENT

(1.) Petitioners have filed this revision petition against the order dated 12.09.2017 passed by Additional District Judge, Panchkula, whereby order dated 20.02.2017 passed by Civil Judge (Junior Division), Panchkula was reversed and ad interim injunction application filed by the petitioners was dismissed.

(2.) Plaintiffs/Petitioners filed a suit for permanent injunction, restraining defendant No.1 from raising any construction over the projection as shown by letters ABCDE in red colour in the site plan attached with the plaint. Further restraint was sought against defendant No.1 from raising any sort of construction beyond sanctioned site plan. Mandatory injunction was also sought, directing defendant No.2/Municipal Corporation, Panchkula to demolish the projection as shown in the red colour as ABCDE in the site plan.

(3.) Perusal of the pleadings and material on record would show that there is a common street of 10 feet in width between the houses of the parties. Defendant No.1 is constructing a house along with shop in plot/house No.175, village Maheshpur, Panchkula. Defendant No.1 has started to extend the lintel of the property to the extent of 4 feet towards common street. Plaintiffs claimed that defendant No.1 has no right to extend the same in the common street specially when site plan was not sanctioned by defendant No.2/Municipal Corporation. The construction was sought to be stopped and mandatory injunction was also sought, directing defendant No.2 to demolish the projection already raised by defendant No.1. Plaintiffs in the site plan attached with the suit have shown the alleged encroached area to be ABCDE in red colour in the first plot adjoining to the phirni of 23 feet wide. Plaintiffs have shown the projection raised by defendant No.1 in the common street and phirni to the extent of 4 feet wide.