GIRISH SHARMA Vs. MADAN MANTA

JUDGEMENT

(1.) The plaintiff instituted a suit for permanent prohibitory injunction wherein he claimed the hereinafter extracted reliefs:-

(2.) During the pendency of the suit, before, the learned trial Court, the plaintiff filed an application cast under the provisions of 39 rule 1 and 2 read with Section 151 CPC, wherein he sought relief of ad-interim(s) injunction being pronounced upon defendant-respondent herein. The adinterim relief(s) prayed for in the application, cast, under the provisions of 39 rule 1 and 2, were, limited to restraining the defendant/respondent herein from raising any construction in violation to the Municipal Laws, H.P.Town and Country Planning Act and Rules and Regulations and was also for restraining the defendant from throwing waste water onto the land of the plaintiff.

(3.) The learned First Appellate Court, had, while making the impugned order, ad-extenso, alluded to the building plan sanctioned vis-à-vis the defendant, by the competent sanctioning authority. The learned First Appellate Court had also made a conclusion that since all the relevant material(s) vividly displayed of the defendant completing construction of a three storied structure, upon, the land owned and possessed by him, hence it would be a wholly redundant exercise, to restrain the defendant from raising construction upon the land owned and possessed by him.