Back
IN THE HIGH COURT OF RAJASTHAN
Deepak Maheshwari, J.
Kishan Gopal – Appellant
Versus
Shri Ram and Ors. – Respondents
Civil First Appeal No. 148 of 2000
Decided On : 09-08-2016
Civil Procedure Code, 1908 – Section 151 – Fresh construction in the suit property –Application filed under Section 151 CPC by which prayer have been made by the respondent to allow them to make fresh construction in the suit property – Referring to the photographs produced along with application learned counsel for the respondents submits that in the currency of rainy season, the suit property which is in dilapidated condition is likely to fall down that is why the respondents need to make fresh construction in the house on the same line and without altering the map and outline of the house in existence – Learned counsel for the appellants opposes the prayer saying that the respondents are not residing in the house and the property is not in dangerous position as per the report annexed with the reply to the application which has been given by J.P. Consultants –Held, Respondents shall give an undertaking to the effect that the outline and map of existing house will not be changed and if need be, the existing construction will be demolished but the building will be constructed in the same pattern with the modification/ repairs of the same – Respondents will submit the undertaking that they will not claim any equity at the time of final disposal of appeal on the basis of this new construction/repair – After completing the construction/repairs, blue print/map of the constructed house along with the photographs will be submitted by the respondents before the Court within of completion of the construction along with affidavit regarding the construction done by them – Respondents will bear the responsibility of getting the necessary prior permissions issued from the local authorities as regards the new construction/repairs – Application stands disposed.
Key Points: - The application under Section 151 CPC is considered to permit fresh construction in the suit property with specific conditions (!) (!) . - The court granted permission subject to undertakings: no change in outline/map, possible demolition with same pattern, and no equity claimed at final disposal (!) (!) (!) . - Conditions include submission of map/blueprint and affidavit before construction, and post-construction submission of blueprint/map with photographs within 15 days of completion (!) (!) . - Respondents must obtain necessary prior permissions from local authorities for the new construction/repairs (!) . - The application was disposed of with instructed compliance and a further hearing date set (!) (!) . - The suit involved specific performance of contract decided in favor of defendant/respondents; first appeal pending (!) . - The property was in dilapidated condition as per photographs; construction allowed to be on the same line without altering existing map/outline (!) (!) .
1. Heard learned counsels for both the sides on the application filed under Section 151 CPC by which prayer have been made by the respondent No. 8 and 9 to allow them to make fresh construction in the suit property.
2. Referring to the photographs produced along with application learned counsel for the respondents submits that in the currency of rainy season, the suit property which is in dilapidated condition is likely to fall down that is why the respondents need to make fresh construction in the house on the same line and without altering the map and outline of the house in existence.
3. Learned counsel for the appellants opposes the prayer saying that the respondents are not residing in the house and the property is not in dangerous position as per the report annexed with the reply to the application which has been given by J.P. Consultants.
4. The suit was filed for specific performance of the contract and which has been decided in favour of the defendant/respondents vide judgment dated 22nd July, 2000. First appeal filed against which is pending consideration before this Court.
5. Considering the fact of current position of the house as appearing in the photographs, which appears to be in dilapidated condition, the permission is granted to the respondents No.8 and 9 for the fresh construction of the house on the following conditions:
1. That the respondents shall submit the map/blue print of the house which is in existence indicating the construction and repair required to be made by them along with the affidavit before the Court prior to making any construction/repairs
2. That the respondents shall give an undertaking to the effect that the outline and map of existing house will not be changed and if need be, the existing construction will be demolished but the building will be constructed in the same pattern with the modification/ repairs of the same.
3. That the respondents will submit the undertaking that they will not claim any equity at the time of final disposal of appeal on the basis of this new construction/repair.
4. That after completing the construction/repairs, the blue print/map of the constructed house along with the photographs will be submitted by the respondents before the Court within 15 days of completion of the construction along with affidavit regarding the construction done by them.
5. That the respondents will bear the responsibility of getting the necessary prior permissions issued from the local authorities as regards the new construction/repairs.
The application stands disposed of accordingly.
Put up after four weeks.
SupremeToday
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
