SAJJAN SINGH AND ANOTHER Vs. MAHIPAL SINGH

JUDGEMENT

(1.) Since both the appeals are arsing out of the order passed on 04.03.2017 by learned Additional District Judge, Balotra, District Barmer, the same are being disposed of by this common order.

(2.) In S.B. Civil Misc. Appeal No.958/2017, Mr. Rameshwar Hedau, learned counsel for the appellants submits that the portion in which the respondent Sajjan Singh is residing, is in a very dilapidated condition and it will be very difficult to stay and live in the property in question if the same is not allowed to be repaired. There is also a chance of seepage of water in the rooms in the rainy season. Besides it is also dangerous for life of the appellants, if the urgent repair works are not allowed to be undertaken. Considering the bad condition of the house, the appellants in this appeal submits that the order passed on 04.03.2017 on the application under order 39 Rule 1 and 2 C.P.C. requires modification. He further prays that a permission may be granted to get the necessary repair work done for the improvement and betterment of the house in which appellant Sajjan Singh is residing.

(3.) Dr. Sachin Acharya, learned counsel for Mahipal Singh has also assailed the order dated 04.03.2017, passed by learned Additional District, Judge, Balotra by way of filing S.B. Civil Misc. Appeal No.853/2017 and has contended that giving permission to repair the house in question will lead to a very complicated situation as under the garb of work undertaken, new constructions are being raised. The property is being used in such a fashion that the value of the property is being diminished. Therefore, Dr. Acharya, learned counsel for Mahipal Singh vehemently submits that no permission should be granted for taking any recourse to the construction activity by Mr. Sajjan Singh. It is also contended by Dr. Acharya that in the Commissioner's Report, it has very categorically come that the entire construction is new construction and there is no repair or alteration work going on in the subject piece of land which is in habited by Shri Sajjan Singh.