INDRA DEVI Vs. ADITYA SINGHVI

JUDGEMENT

(1.) THIS petition is directed against order dated 21.3.2014 passed by the trial court, whereby the application filed by the petitioner under Section 151 CPC seeking police aid for the purpose of enforcement of undertaking given by the respondent at the ad -interim stage has been rejected.

(2.) THE trial court while deciding the application came to the conclusion that the construction being raised by the respondent was according to the map approved by the Municipal Corporation and the set -backs left were according to the said approved map. The said conclusion was reached by the trial court inter -alia based on the report of the committee constituted on a complaint made by one Ghanshyam Das, who is power of attorney holder of the petitioner.

(3.) HOWEVER , now in view of the stand taken by the Municipal Corporation in para 7 of its reply filed before this Court in relation to the 'front set -back', the petition is being confined to the extent that the observations made by the trial court regarding the side set -backs were unwarranted and the same would prejudice the petitioner's case, and therefore, the observations made and the conclusions arrived at by the trial court while rejecting the application under Section 151 CPC should not come in the way of the petitioner at the subsequent stages of the present litigation.