Badlu & Anr vs Roop Lal

Jyotsna Rewal Dua, J

Both the petitions are interlinked and interconnected, hence taken up together for disposal together.

The applications moved under Order 39 Rules 1 and 2 of Code of Civil Procedure by the plaintiff (Roop Lal) and also by counter claimants (Smt. Badlu and Smt. Parwati) were allowed by the learned Trial Court on 02.05.2022. Operative part of the order reads as under: -

“18. As a result of aforesaid discussion, the respective CMAs preferred by both the parties are hereby partly allowed to the extent that all the defendants/counter claimants are hereby restrained from causing any kind of further encroachment over the vacant portion of the suit land during the pendency of the main suit; and both the parties are further directed to maintain status quo qua nature, possession and ownership over the built up structure/constructed area of the suit land during the pendency of the main suit. However, the aforesaid findings shall have no bearing or effect on the merits of the case. The applications are disposed off. After due completion be tagged with the main case file.”

The order passed by learned Trial Court has been affirmed by learned First Appellate Court on 30.08.2023. Aggrieved against the aforesaid orders dated 02.05.2022 and 30. 08.2022, these petitions have been instituted by the original counter claimants Smt. Badlu and Smt. Parwati.

Heard learned counsel on both sides.

Learned Senior Counsel for the petitioner(s) submitted that in view of the findings returned by learned Trial Court in para-17 of the impugned order, the word ‘causing’ and ‘encroachment’ occurring in para-18 of the impugned order are required to be replaced with the words ‘raising’ and ‘construction’, respectively.

Learned counsel for the respondent (plaintiff) has no objection in acceding to this prayer. Accordingly, the order passed by the learned trial Court on 02.05.2022 as affirmed by learned First Appellate Court on 30.08.2022 is modified to the following extent: -

“18. As a result of aforesaid discussion, the respective CMAs preferred by both the parties are hereby partly allowed to the extent that all the defendants/counter claimants are hereby restrained from raising any kind of further construction in any form over the vacant portion of the suit land during the pendency of the main suit; and both the parties are further directed to maintain status quo qua nature, possession and ownership over the built up structure/ constructed area of the suit land during the pendency of the main suit. However, the aforesaid findings shall have no bearing or effect on the merits of the case. The applications are disposed off. After due completion be tagged with the main case file.”

Both the petitions are disposed of in the above terms, so also the pending miscellaneous application(s), if any.