Raj Kumar Singh vs ADJ No. 3 and Others

Vineet Kothari, J.—This writ petitions is directed against the order dtd. 28.4.2009 whereby affirming the trial Court''s order, the learned appellate Court rejected the application under Order 39 Rule 1 and 2 C.P.C. filed by the plaintiff.

The plaintiff - neighbourer filed a suit for injunction against the defendants for restraining him to raise construction over his own plot of land. The learned Court below has observed that the construction was being done in accordance with the map duly approved by the Municipal Corporation, Jodhpur. Even if the amended map filed by the plaintiff was approved by the Municipal Corporation later than the date of filing of the suit by the plaintiff, the plaintiff cannot be said to have any right to stop the said construction by the defendants.

The learned Counsel for the plaintiff - petitioner fairly admits that the construction is by now over and only the plaster work remains. The permission in question was granted on 4.10.2007, whereas the suit was filed on 19.7.2007 and after lapse of 3 years, it is naturally expected that the construction may be over by now and at this stage, therefore, there is no justification in giving temporary injunction against the defendants.

Consequently this writ petition has no force and the same is accordingly dismissed. However, it goes without saying that the construction so raised shall be subject to final decision of the suit. No order as to costs. A copy of this order be sent to the learned trial Court as well as opposite party.