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Try out our Premium Member services: Free for one month and pay only if you like it. Mussadi Lal and others Rajbir Sehrawat, Advocate for the petitioner.
Pankaj Jain, Advocate for respondent No. ORAL Petitioner herein suffers from a neo rich syndrome that a poor neighbour has no place to live and co-exist.
Petitioner who has become affluent, by demolishing three shops, has built a new modern contemporary showroom, whereas respondent neighbour is in occupation of shop which is partly made of a tin roof and mortar terrace.
Furthermore respondent, who is a tenant is involved in a litigation with his landlord. Can such a person be allowed to suffer to his peril and give way to the riches of the petitioner?
Above said being essence of the case, this Court shall now proceed to deal with the pleadings, orders passed by both the Courts below CR No. Respondent-plaintiff had instituted a suit for mandatory injunction and consequential relief of permanent injunction. In the plaint, it was stated that he is in possession of a shop consisting of two Khans along with a tin shed in the front bearing Municipal No.
It was further stated that towards northern side of the shop under the tenancy of the plaintiff, there was a Mori a drain on the roof of the last khan at point X from the very inception of tenancy for discharging rainy water from the roof.
The rainy water from the Mori at point Mussadi business plan is discharged through a pipe and the same was connected and affixed in the southern wall of shop of defendant No.
This as per the pleaded case was existing for the last more than years without any objection by the petitioner- defendant.
It was stated that the defendants who are influential persons and have great political backup in collusion with each other and officials of Municipal Committee, Sohna have blocked the drainage which was passing through the southern wall of the shop of defendant No.
It was stated that on On the request made by the plaintiff to the defendant to remove the blockage, on flat refusal, the respondent- plaintiff was left with no option except to file the suit.
The trial Court while dealing with the application for grant of ad-interim injunction, noticed the facts that in the sale deed dated It was stated that defendant No. The trial Court in its order dated 9.
At this juncture I may also observe that existence of mori between the shop in question and the shop of defendant no. Therefore, the existence of mori is prima facie proved.
It is further pertinent to note that the plaintiff has categorically pleaded that defendant no. At the cost of repetition it may be observed that the averments of plaintiff have not been denied by defendant no. It is also noteworthy that it is common knowledge that if the rainy water collects on the roof of any property, that property is endangered as the water will seep into the property and thereby damage its walls.
Thus there is prima facie case in favour of plaintiff and he will suffer irreparable loss and injury if interim mandatory injunction is not granted.
Balance of convenience is also in favour of plaintiff as he will suffer irreparable loss and injury if the injunction is not granted while the defendant no. Before the lower Appellate Court, it was urged that the respondent-plaintiff had raised the construction only on his land and, therefore, no one can be allowed to discharge the water over other's property.
It was further pleaded that the petitioner-defendant had completed the construction of the shops about six months back but the respondent- plaintiff had filed the suit only on This Court, considering the fact that the parties may co-exist, on the asking of counsel for the petitioner on However, on a very fair offer made by Mr.
Rajbir Sehrawat, Advocate appearing on behalf of the petitioner, that an alternative to the satisfaction of both the parties can be worked-out which will serve the purpose in a better way, this Court has accepted the prayer made by the counsel for appointment of a Local Commissioner.
Learned counsel contends that the petitioner has raised a construction and if the ad-interim injunction is carried out it will cause irreparable loss to his property and business.
Counsel states that an alternative can be suggested to drain the water from the shop of the respondent without causing any damage to the property or loss to the business of the petitioner. It is prayed that a Local Commissioner be appointed to visit the spot and suggest an alternative mode of drainage of the water which is acceptable to both the parties.
Sehrawat states that a young member of the Bar, Mr. Counsel for the petitioner states that a copy of the paper book shall be handed over to Mr.
Mayank Mathur, Advocate during the course of the day. The Local Commissioner, if so requires, may seek the help of a draftsman, photographer and a civil engineer to acquaint this Court as to whether any solution can be found which is acceptable to both the parties.
The Local Commissioner shall give a prior notice of his visit to the respondent and his counsel in the trial Court. The charges for services of the draftsman, photographer and civil engineer shall also be borne by the petitioner. To await the report of Local Commissioner, adjourned to 22nd July, Till then, the existing arrangement shall continue.
A copy of this order, duly attested by the Court Secretary of this Court, be supplied to Mr.The car is owned by TMC leader Mohammad Sohrab’s son Ambia Sohrab.
A challan, left behind by the driver of the car mentioned Ambia’s name as the person to whom the newly-purchased car was delivered. The car was purchased on January 4 by Mussadi Business .
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And, unlike some sites, we don't use misleading tactics to trick your friends. Rajesh turns desi superman. Neha Maheshwri Mussadi Lal was the quintessential common man who was always asked for bribe for his work to be done.
He was an honest man who wanted to fight. But the officers of the detective department and traffic department of the Kolkata Police later discovered that the car was bought in the name of Mussadi Business Pvt Ltd in Jorasanko and found.
The source further added, “While December 12 is the wedding date for now, Kapil and his family want to zero in on the most auspicious date.
The family has already started prepping up for the big.