GOVERDHAN BARDHAR,J. - (1.) In this matter, the appellant has filed an application seeking permission for repairing the latrine of the house situated over first storey of the house for the convenience. The appellant also placed on record the blue prints of the map and photographs showing the condition of the latrine and it has been prayed that he may be granted permission to repair two latrines marked in the map as ABCD.
(2.) A reply to the application has been filed on behalf of the respondent and it is submitted that applicant intentionally damaged the western part of balcony between 04.02.2016 to 06.05.2016. It is further submitted that a common passage exist in western wall of the applicant for ingress and out guess of the respondents over the roof of the shop occupied by respondent Ramesh Kumar and the applicant is intending to raise a new construction and block the gate of the passage leading to the roof of the shop of the respondent in the garb of repairing the toilets.
(3.) After considering the rival contention of the parties, the application is disposed of with permission to the appellant to repair the latrine existing and situated at western part within the area already covered by the latrine on the site in question and no new construction shall be raised beyond the area occupied by the latrine situated on the western part of the area. It is further directed that the applicant shall not raise any new construction beyond the area of latrine which may block the passage leading to the roof of shop of the respondent. Further it is made clear that the repair charges for the latrine shall be borne by the appellant applicant and he shall not claim any amount spent on the repair of latrine, in future. Application Disposed of.;