ANIL KUMAR SONI Vs. ANAND BIHARI

JUDGEMENT

(1.) THE petitioner has approached this Court under Article 227 of the Constitution of India, seeking the quashing of the order passed by the appellate Court (Annexure P/9) thereby selling aside the order of injunction granted in favour of the petitioner by the trial Court against the respondents 1 and 2.

(2.) THE learned appellate Court in paras 16 and 17 of the order (Annexure P/9) has discussed elaborately the material and the documents available on record as also the effect of the order of Civil Court, passed in a separate civil suit, which was filed by one Dr. Usha Mishra against the respondents in respect or the disputed land and found that the disputed road (land) did not remain available for its use since the year 1981, as the respondents 1 and 2 had raised the construction thereon in the year 1981 itself.

(3.) THE Court had directed the respondents in that suit to raise the construction in such a manner that the use of windows of the house of Dr. Usha Mishra was not obstructed. The respondents have stated to have further raised the construction. The respondents' case is that since the permission for construction of the house was valid for one year, and the said period had expired before the total construction could be completed due to the litigation between them and Dr. Usha Mishra, they started the remaining construction after obtaining the permission afresh and in view of the above fact, the learned appellate Court has found that now injuncting the respondents from raising the further construction in the present suit filed in the year 1993, would result in irreparable loss to them.