HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 22 Case :- SECOND APPEAL No. - 389 of 2014 Appellant :- Smt. Savitri Devi Respondent :- Smt. Asto Mathur And Another Counsel for Appellant :- U.S.Sahai Counsel for Respondent :- Abhishit Saran,G.S.Nigam Hon'ble Mahendra Dayal,J.
(C.M. Application No. 131950 of 2014 ) This is an application on behalf of the respondents for clarification of the order dated 5.12.2014 passed in this second appeal but on C.M. Application No. 122373 of 2014.
It has been submitted by the learned counsel for the respondents that by the aforesaid order dated 5.1.22014 the respondents were restrained from raising any further construction apart from the slab which has been laid down as alleged by the respondents. They were also permitted to remove the shattering if any, of the slab so laid down. The submission is that in the garb of this order an FIR has been lodged and the appellant is not permitting him to remove the shattering of the slab.
Shri U.S. Sahai, learned counsel for the appellant has submitted that taking advantage of the order dated 5.12.2014 the respondents want to raise construction, to which learned counsel for the respondents has submitted that no further construction shall be raised by the respondents.
In view of the above, the application is disposed of with direction that the appellant shall permit the respondents to remove shattering and no further construction shall be raised over the property which is subject matter of the second appeal.
It has been informed that another Second Appeal No. 49 of 2015 has also been filed by the respondents, which is also pending in this Court.
Office is directed to connect Second Appeal No. 49 of 2015 along with present second appeal and list in the last week of January, 2016.
Order Date :- 4.12.2015 Muk