NISHA GUPTA, J. - (1.) THE matter has come up on Application No.22921/2014 dated 19/11/2014 filed u/S.151 CPC on behalf of the appellant for demolition of the construction raised in violation of the stay order.
(2.) CONTENTION of the counsel for the appellant is that initially, interim -order has been passed on 04/10/2002 whereby, status -quo was directed to be maintained by all the parties. On 11/11/2005, the appeal has been admitted and the stay was confirmed. Contention of the counsel for the appellant is that respondent No.2 is raising construction hence, he be restrained from raising further construction and the construction so raised should be demolished. The reply to the said application has been filed by respondent No.2 and today, additional reply has also been filed and counsel for the appellant has also filed rejoinder.
(3.) HEARD learned counsel for the parties, perused the application, reply, rejoinder and attached documents. The only contention of the counsel for the appellant is that the interim -order dated 04/10/2002, which has been confirmed vide order dated 11/11/2005 be maintained and the parties be directed to maintain status -quo. The counsel for respondent No.2 has not denied the fact that he is raising construction but his preliminary objection was that the documents, which are annexed to the application are hand written, not legible hence, typed copy should be supplied to him for which, already on 01/12/2014, the order has been passed. It has been further stated that the file was in the court hence, he could not inspect the file and a reasonable time may be allowed to him. Much has been said that the appeal is pending since 2002, a reasonable time be allowed to them but as all the parties have already been heard, there remains no force in this objection.;