Raghbir Singh And Another vs Kreshan Chand on 24 February, 2009

            IN THE HIGH COURT OF PUNJAB AND HARYANA
                          AT CHANDIGARH
                                           C.R. No. 1369 of 2008 (O&M)
                                           Date of Decision: 24.2.2009

Raghbir Singh and another
                                                       ....Petitioners

               Versus

Kreshan Chand
                                                       ...Respondent

CORAM : Hon'ble Mr. Justice Rajesh Bindal

Present:-      Mr. Pritam Saini, Advocate
               for the petitioners.

               Mr. Akshay Kumar Goel, Advocate
               for the respondent.

RAJESH BINDAL J

                        ****

Learned counsel for the respondent submits that the
respondent/defendant is raising construction only of only one room measuring
17′ X 21′ feet adjoining his home which is shown at Annexure P1, a site plan
placed on record with the petition. He further submits that he will not dispute the
status of rest of portion beyond the room during the pendency of suit.

Learned counsel for the petitioners submits that the aforesaid stand
of the respondent satisfy the claim made by the petitioners/plaintiffs before this
Court.

Accordingly, while modifying the impugned order passed by
learned Additional District Judge, Kurukshetra, it is directed that during the
pendency of suit the respondent/defendant will be at liberty to raise construction
only on the portion mentioned in the site plan Annexure P1 as `under
construction’ and for the rest of the portion the parties will maintain status-quo.
However, the parties shall abide by any final judgment of the learned trial Court
delivered on consideration of the evidence to be led by the parties.

The petition is disposed of.

                                                     (RAJESH BINDAL)
24.2.2009                                                  JUDGE
Reema