LAJWANTI Vs. KEDAR NATH

JUDGEMENT

(1.) A short question of law is involved in this petition and in order to appreciate it some facts are required to be dealt with.

(2.) Sh. Kedar Nath, the present respondent, filed a suit for grant of permanent prohibitory injunction restraining -defendants 3 and 4 (present petitioners) from raising unauthorised construction on Khasra No. 396/2 and 397 without leaving proper set back towards the property of the plaintiff and also from raising any construction in pursuance to the sanction order No 213.AP, dated 16 -10 -1993 vide which the building plan of defendants 3 and 4 has been approved by defendant No. 1 and the order No. HIM/TP case No. 3773/93 -218 -19 dated 28 -9 -1993 passed by defendant No. 2 approving the building plan of defendants 3 and 4. The aforesaid orders are null and void being contrary to the factual position at the spot and also being in violation of the H. P. Municipal Corporation Act and the Town and Country Planning Act, The plaintiff also further prayed in the suit that defendants 3 and 4 be restrained from raising any construction without leaving one metre open space/set back towards the building of the plaintiff and further a mandatory injunction has been sought directing the defendant Nos. 1 and 2 to demolish the unauthorised construction raised by defendant Nos. 3 and 4. Alongwith this suit, an application under Order 39, Rules 1 and 2 read with section 151 of the Code of Civil Procedure for grant of temporary injunction was also preferred.

(3.) Injunction under Order 39, Rules 1 and 2 read with section 151 of the Code of Civil Procedure was prayed for to be granted against defendant Nos. 3 and 4 from carrying out the construction of their building on Khasra Nos. 396/2 and 397 as detailed in the plaint The plaintiff also prayed for grant of interim ex parte injunction. On this petition, the relevant order passed by the trial Court was as under : "1 -7 -1994 Present : Sh. Kulbir Chauhan Advocate, for plaintiff, Sh. C.P. Sood, Advocate, for defendant No.