Rajasthan High Court - Jodhpur
Ram Karan vs Ram Pal on 5 August, 2022
Bench: Kuldeep Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Second Appeal No. 413/2011
Legal representatives of Shri Ram Karan:
1/1. Ram Prakash Somani, S/o Late Shri Ram Karan.
1/2. Ram Lal Somani, S/o Late Shri Ram Karan.
1/3. Ramesh Somani, S/o Late Shri Ram Karan.
These all are Residents of Naya Bajar Tehsil Shahpura, District
Bhilwara.
1/4. Smt. Kanchan Devi Nolakha, W/o Jeetmal Ji Nolakha and
D/o Late Shri Ram Karan, Resident of VPO Phoolia, District
Bhilwara, Rajasthan.
1/5. Smt. Shanta Devi Kothari, W/o Minand Kishore Ji Kothari
and D/o Late Shri Ram Karan, R/o VPO, Bassi, Chitorgrah.
1/6. Smt. Hemlata Kabra, W/o Sambhulal Ji Kabra and D/o Late
Shri Ram Karan, R/o VPO Ahmedabad, Gujrat.
1/7. Smt. Sakauntla Mundra, W/o Chandraprakash Ji Mundra
and D/o late Shri Ram Karan, R/o VPO Kadera, District Ajmer.
----Appellants
Versus
Ram Pal S/o of Shri Harux, R/o Shahpura Tehsil Shahpura,
District Bhilwara.
----Respondents
For Appellant(s) : Mr. Manish Shishodia, Sr. Advocate
assisted by Mr. Anirudh Khatri
For Respondent(s) : Mr. Ashok Kumar Jain
(2 of 3) [CSA-413/2011]
HON'BLE MR. JUSTICE KULDEEP MATHUR
Order
05/08/2022
The present second appeal is preferred against the judgment
and decree dated 09.08.2011 passed by the learned Additional
District Judge, Shahpura, Bhilwara in Appeal Civil No.19/2009
(90/2005) (137/2005) reversing the judgment and decree dated
20.09.2005 passed by the Civil Judge, Senior Division, Shahpura,
in Civil Original Suit No.116/1992.
On 16.12.2011, after hearing the parties, the execution of
the impugned judgment and decree dated 09.08.2011 was stayed
directing both the parties to maintain status quo with regard to
suit property. Thereafter on 28.05.2012, the matter was admitted
and stay granted vide order dated 16.12.2011 was confirmed.
The appellant has filed an application under Section 151 CPC
(I.A. No.01/2021) stating inter alia that a notice dated 06.08.2021
under Section 243 of the Rajasthan Municipal Act, 2009 has been
served by the Executive Officer, Nagar Palika Shahpura directing
him to demolish the dilapidated portion of the suit property as it
has become perilous for the residents of the locality.
Shri Manish Shishodia, learned Senior Counsel assisted by
Shri Anirudh Khatri requested that the appellant may be permitted
to demolish the dilapidated portion of the suit property to the
extent as directed by the Nagar Palika, Shahpura in its notice
dated 06.08.2021.
Shri Ashok Jain, learned counsel for the respondent is not in
a position to dispute the fact regarding the dilapidated condition of
(3 of 3) [CSA-413/2011]
the suit property. He submitted that demolition of the suit
property would adversely affect the privacy and property of the
answering respondent. Therefore, the appellant may be directed
to re-construct 16 feet long western and 17 feet long northern
wall to the height of 12 feet in a time bound manner.
Heard learned counsel for the parties and perused the
material available on record.
Admittedly, the suit property is in dilapidated and precarious
condition causing danger to the nearby residents of the area. In
the peculiar facts and circumstances of the case, the interim order
dated 16.12.2011 is modified to the extent that the dilapidated
portion of the suit property shall be demolished by the appellant
within a period of eight weeks from the date of this order. The
reconstruction of western and northern walls of the suit property
to the height of 12 feet shall be undertaken by the respondent.
Other than the said walls, no further construction shall be
undertaken on the suit property. The expenditure incurred in
reconstruction of the walls shall be borne equally by the parties.
With these directions, the present application (I.A.
No.01/2021) is disposed off. Interim order dated 16.12.2011 is
modified in the above terms.
(KULDEEP MATHUR),J
55-Ravi Kh/-
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