Kaluram And Ors vs Mohd. Rafiq And Ors
2022 Latest Caselaw 8551 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil First Appeal No. 334/2003

Kaluram And Ors

----Appellant Versus Mohd. Rafiq And Ors

----Respondent

For Appellant(s) : Mr. Mahendra Thanvi For Respondent(s) : Mr. Aidan Choudhary

HON'BLE MR. JUSTICE MADAN GOPAL VYAS

Order

01/07/2022

Heard on application (I.A. No.1/2022) filed under Section

151 CPC preferred by the applicant-respondent No.1 seeking

permission for allowing him to undertake repair/renovation of the

disputed property.

Learned counsel for the applicant-respondent No.1 submits

that challenging the judgment and decree dated 27.08.2003

passed by learned Additional and District Judge (Fast Track) No.2,

Pali (hereinafter referred to as 'the learned trial court') whereby

the suit filed by the appellants/plaintiffs was rejected against

which, the present first appeal was preferred by the appellants-

plaintiffs. It is submitted that this Court vide order dated

19.11.2003, while issuing notices, admitted the present first

appeal and granted interim order in the manner that respondents

are directed to maintain the status quo and are also restrained

from alienating the property in dispute and the said stay order

was confirmed by this Court vide order dated 16.12.2004.

(2 of 3) [CFA-334/2003]

Learned counsel for the applicant-respondent No.1 further

submits that after passing of the impugned order and confirmation

thereof, almost two decades have elapsed and the disputed

property has seen the lapse of time in its structure and the same

is in dilapidated condition, which requires urgent necessary

maintenance and repairing works. It is submitted that the walls

and the tin-shed are getting hollowed and rusted from some

places and there are cracks seen in the tin-shed, therefore, the

applicant-respondent No.1 left with no other option but to make

temporary arrangement for its leakage. Alongwith the present

application, the applicant-respondent No.1 has also placed on

record certain photographs in order to show and requesting that

the property in question requires urgent repairing works.

With these submissions, learned counsel for the applicant-

respondent No.1 submits that the application may kindly be

allowed and respondent No.1 may be permitted to undertake

necessary repair works upon the disputed property on his own

costs, subject of course, to the final decision of the present first

appeal.

On the contrary, learned counsel appearing for the

appellants-plaintiffs submits that on the basis of vague

submissions, the present application has been filed and, therefore,

it is prayed that the present application may be rejected.

In rejoinder, learned counsel for the applicant-respondent

No.2 vehemently submitted that in the rainy season, there is

leakage of water from the roof of the disputed property and under

compulsion, he has to make the temporary arrangement by

putting the Tripal over property in question.

(3 of 3) [CFA-334/2003]

After considering the rival submissions made by the learned

counsel for the parties and perusing the photographs placed on

record along with application, this Court finds it appropriate to

permit the applicant-respondent no.1 to do required repairing

work over the property.

Accordingly, the present application under Section 151 CPC

seeking permission to undertake repairing work of the disputed

property, is allowed.

It is made clear that only the necessary repairing work would

be done by the applicant-respondent No.1 and he shall not make

any further construction over the property in question. It is also

made clear that the said repairing work would be at the cost of the

applicant-respondent No.1 and subject to the final outcome of the

present appeal.

(MADAN GOPAL VYAS),J 21-Bharti/-

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