RATAN LAL Vs. NARENDER

JUDGEMENT

(1.) Two applications, one under Order 39 Rules 1 and 2 of the Code of Civil Procedure (CPC) moved by the petitioner (plaintiff) and the other under Order 39 Rule 4 CPC moved by the respondents (defendants), were decided by the learned Trial Court vide common order dtd. 12/4/2022. Both the applications were allowed. The respondents/defendants were permitted to complete the construction as shown in the photographs (part of the record of learned Trial Court), however, with the rider that construction shall remain confined to the plinth area covered under the foundation or the share owned by the respondents, whichever would be less. It was also ordered that in case any construction more than the shares of the respondents was found to have been raised by them, then, the same was to be dismantled at their cost. Learned Trial Court also ordered that the respondents will not raise any other construction over the vacant portion of the suit land till the suit land was finally partitioned or till the disposal of the suit. This order has been affirmed by the learned Appellate Court on 28/5/2022 in two separate appeals preferred by the petitioner/plaintiff. Aggrieved, the plaintiff has instituted these two petitions invoking Article 227 of the Constitution of India.

(2.) The facts:-

(3.) I have heard learned counsel on both sides and considered the case file. I am of the considered view that no case for interference with the impugned orders is called for.