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Judgment
Despite the order dated 18.8.2020 passed by this Court and the information given by the learned counsel for the appellants, nobody is appearing on behalf of the respondents No.1 to 8.
Heard on I.A.No.11278/2018 which is an application for permission to reconstruct the shop on the disputed land i.e at Khasra No.174/1 and 174/2, Modiwada Chapara. The photographs of the site are attached with the application, which show that the shop is in dilapidated condition. It is submitted that in the rainy season, if the reconstruction is not taken place, then some untoward incident may take place.
Despite giving more than one opportunities and the fact that the respondents No.1 to 8 have already been informed by the learned counsel for the appellant and in this regard learned counsel for the appellants has filed the declaration, nobody is appearing on behalf of the respondents No.1 to 8.
Looking to the conditions of the shop on the disputed site, I am of the considered view that the reconstruction of the shop is necessary. So by allowing I.A.No.11278/2018, permission is granted to the appellants to reconstruct the shop within the limit, in which the shop is already constructed, in single storey and on their own risk that if the judgment of this appeal goes against them, then no construction cost will be recoverable from any of the respondents.
C.C. as per rules.