Mrs. Conceicao Rodrigues vs Mr. Jose Claude Rodrigues and his wife and Mrs. Philomena Rodrigues

A.P. Lavande, J.—The grievance of the appellant is that the respondents have carried out construction contrary to the consent terms dated 27.04.2007 and approved plan. According to Mr. D''Costa, learned Senior Counsel, the respondents have carried out additional construction in the suit property recently beyond the area of 52.50 mtrs. Having heard the learned counsel for the parties in order to put an end to the controversy between the parties, during the pendency of the suit, I pass the following order:

ORDER

The Trial Court shall appoint a Commissioner to verify whether the construction carried out by the respondents is in terms of the consent terms dated 27.04.2007 and in terms of the approved plan produced. The Commissioner shall also verify whether the septic tank proposed to be set up is in accordance with the approved plan. The Trial Court shall appoint a Commissioner within a period of one week from the date of appearance. The appellant shall pay the fees of the Commissioner as may be fixed by the trial Court. The parties shall appear before the Trial Court on 20.10.2008 at 10.00 a.m. After considering the report of the Commissioner, if the Trial Court finds that the construction undertaken by the respondents is not in terms of the consent terms and the approved plan and the septic tank proposed to beset up is not in terms of the approved plan, the Trial Court shall pass appropriate order after hearing the parties. The Trial Court shall pass appropriate order after considering the report of the Commissioner on or before 10.11.2008. The learned counsel appearing for the parties assure this Court, that they will co-operate with the Trial Court. The appeal and the application stand disposed of. Till the Trial Court passes the order as directed, the parties to maintain status quo.