SMT ANG LHAMU Vs. LADENLA

JUDGEMENT

(1.) This revision petition by the plaintiff is directed against the order of the learned Additional District Judge, Gangtok dated 4th of May, 1981, whereby the order passed by the Civil Judge on 31st of Jan., 1981 granting an ad interim injunction was vacated.

(2.) The facts necessary for the decision of this petition fall in a narrow compass. The plaintiff-appellant filed this suit for a decree for permanent injunction restraining the defendant from raising construction on a strip of land within 5 ft. from the municipal drain, which separates the plots of the plaintiff and the defendant. The plaintiff's contention in this regard is that the defendant is required to leave a 5 ft. set back under the Gangtok Municipal Corporation Building Bye-laws, but she was raising the construction ignoring this bye-law with the result that the plaintiff's enjoyment of air and light would be affected and she would suffer an irreparable loss. The Civil Judge vide his order of 31st of Jan., 1981 had granted ad interim injunction by an ex parte order restraining the defendant from raising further construction on the contested part of the building. This order having been vacated by the learned Additional District Judge, the plaintiff has come up in revision.

(3.) Before proceeding to deal with the merits of the points raised, it would be pertinent to mention that the learned Additional District Judge ought to have permitted the learned trial Court to finally decide the application for the grant of interim injunction. No irreparable loss would have been caused if the construction had been held up for a few days or even for a month or so. A multi-storied building is under construction and a short delay in the progress of its construction would not have caused any loss to the defendant.