Dinesh Mehta, J. - (1.) The present Misc. Appeal under Order XLIII rule 1(r) of the Code of Civil Procedure has been filed by the appellant oppugning the order dated 16.09.2017 whereby, the learned Trial Court had rejected appellant's application dated 06.07.2017, seeking certain repairs/modification in a wall.
(2.) Succinctly stated, the facts apropos for deciding the appeal at hand are that the plaintiffs (respondents herein) filed a suit for recovery of possession against the appellant-defendant, wherein an ad interim order came to be passed by the learned Trial Court on 04.05.2002, directing the parties to maintain status-quo, which application under Order XXXIX Rule 1 and 2 of the Code of Civil Procedure came to be finally decided, vide order of the Trial Court dated 16.07.2014.
(3.) It would be apt to reproduce the short, yet agreed order passed with the consent of the parties by the learned Trial Court, which runs as under:-;