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High Court of Punjab and HaryanaCR/8762/2015dismissed

Kailash Goyal And ORS v. Suresh Kumar And ANR

2015-12-23Mr. Justice Harbans Singh Rai2 pages

C.R. No.8762 of 2015 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R. No.8762 of 2015 Date of Decision.23.12.2015 Kailash Goyal and others .......Petitioners Vs.

Suresh Kumar and another .........Respondents

Present:

Ms. Puja Chopra, Advocate for the petitioners.

CORAM:HON'BLE MR. JUSTICE K. KANNAN 1.

Whether Reporters of local papers may be allowed to see the judgment ?

2.

To be referred to the Reporters or not ?

3.

Whether the judgment should be reported in the Digest? -.- K. KANNAN J. (ORAL) 1.

There is simply no reason for the petitioner to complain of any prejudice to the order passed by the trial Court and the Appellate Court respectively holding that the petitioner herein shall not damage the first floor which incidentally is a roof for the plaintiff in the suit and that no wall shall be removed. According to the petitioner, there is already injunction obtained by the petitioner-defendant that the plaintiff shall not cause any damage to the supporting wall of the stair case. The contention is that the orders granted by the Courts below are beyond the prayer in the interim application sought by the plaintiff. The Court has passed what was just to ensure that there is no damage to the roof which can cause prejudice to the plaintiff or any supporting wall of the stair case which can actually assist the petitioner-defendant himself. The Court has merely passed an interim order in the interest of justice to ensure that there is no fresh damage caused by either of the PANKAJ KUMAR 2015.12.24 12:12 I attest to the accuracy and integrity of this document

C.R. No.8762 of 2015 -2parties. I do not think that there is any intervention call for to such an order.

2.

The revision petition is dismissed as not requiring any intervention. Needless to state that none of the observations made here will affect the merits of the case.

(K. KANNAN) JUDGE December 23, 2015 Pankaj* PANKAJ KUMAR 2015.12.24 12:12 I attest to the accuracy and integrity of this document