Dalip Singh, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS is plaintiff's writ petition against the order of the learned Lower Appellate Court dt. 26.10.2005 by which the learned Lower Appellate Court accepted the appeal filed by the defendant and set aside the order passed by the learned trial Court on the application under Order 39 Rule 1 and 2, C.P.C. for grant of temporary injunction and dismissed the said application. Brief facts, relevant for the purpose of this writ petition are that the defendant -respondents wanted to make a passage to the garage in his house bearing No. 1932. The plaintiff is the owner of the house bearing No. 1933. The bone of contention is that in front of both the houses of the plaintiff (1933) and of the defendant -respondent (1932), there is in existence a 'chabutra', which as per the plaintiff is said to be a common one. The defendant wanted to demolish the part of the 'chabutra' in front of his house bearing No. 1932 so as to make a passage for his vehicle etc., to be taken in side his house bearing No. 1932, rather than leaving in parked on the public street unattended in the narrow lane. The plaintiff having contended that 'chabutra' was common, therefore, the defendant would not be permitted to demolish the same.
(3.) THE learned trial Court allowed the temporary injunction application holding the prima -facie case in favour of the plaintiff and restrained the defendant -respondent from causing further demolition of the 'chabutra' and constructing the passage, as the 'chabutra' had already been demolished in front of the defendant's house No. 1932.;