Himachal Pradesh High Court
Prakash Chand vs . Jeet Ram on 12 January, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
Prakash Chand vs. Jeet Ram RSA No. 1 of 2022 12.01.2023 Present: Mr. Virender Singh Kanwar, Advocate, for the .
appellant.
Mr. Aman Deep Sharma, Advocate, for respondent No. 1.
Respondents No. 2 to 8 are ex parte.
CMP No. 15614 of 2022 Learned counsel for the appellant/applicant submits that by way of inadvertent mistake, instead of filing this application under appropriate provisions, the application has been filed under Order 41, Rule 33, read with Section 151 CPC and, therefore, he has prayed to consider this application under Section 151 CPC only.
This application has been filed seeking direction to the respondents, their family members, agents, servants and labourers, for directing them not to interfere in the construction activities proposed to be completed by raising construction for the applicant/appellant over the foundations already existing on the spot, as per permission granted by Nagar Panchayat, Nadaun, District Hamirpur, H.P., located in the suit land.
Learned counsel for respondent No. 1 submits that respondent No. 1 has no objection for the proposed construction with rider that the appellant/applicant shall not carryout any construction other than the proposed construction over the existing foundations on the spot, as permitted by Nagar Panchayat, Nadaun, and further that ::: Downloaded on - 16/01/2023 20:31:17 :::CIS ...2...
this no objection shall not entitle the appellant/applicant to raise any construction without permission of the .
competent authority, without following the law, as applicable for raising such construction.
In view of aforesaid circumstances, appellant/applicant is permitted to carryout construction on the foundations, already existing on the spot, in accordance with law and permission(s), as required, for such construction and respondents, their family members, agents, servants and labourers shall not cause any hindrance in such construction work proposed to be carriedout by the appellant/applicant Application stands disposed of.
RSA No. 1 of 2022List for consideration on 29th March, 2023.
Appellants/plaintiffs are permitted to produce copy of this order, downloaded from the webpage of the High Court of Himachal Pradesh, before the authorities concerned, and the said authorities shall not insist for production of a certified copy of this order, but if required, may verify passing of order from Website of the High Court.
( Vivek Singh Thakur ) Judge 12th January, 2023 (virender) ::: Downloaded on - 16/01/2023 20:31:17 :::CIS