PRAKASHCHANDRA MARU (lawyer) 26 August 2010

injunction

In the court of principal junior division

Regular civil suit no / 10

Mr X ……… plaintiff

v/s

mrs Y

mr Z …………defendant

subject :- to demolish the construction which is constructed illegally and stop further construction and permanent injunction with the connection of the said construction

That the humble submission of the plaintiff is that

1 That plaintiff resides at Gomtighat where the land of defendant’s mother is situated. In the area of the plaintiff the defendant no 1 illegally constructed on the otala ( sitting part of out side of home ) approximately 3 feet and constructed the three feet ravesh out side on the upper side and due to this ravesh the air and light obstructed to us and in this way it violates easmentary rights of the plaintiff the details of the said property is given in the schedule A

2 the property which is situated in the Gomtighat which is declatred by the government the residency zone the home which was unused it was purchased by defendant no-1 or 2 and in thebeside the other old was situated and the said old home demolished by them and started the construction with out taking any kind of the prior permission of the concerned authority and with out the following the rules and regulations of the town planning they converted the said property into commercial zone and encroached the window of the plaintiff and constructed ravesh as disturb the easmentaty rights of the plaintiff. And construct in this way which defects to the rights of the plaintiff .

Therefore plaintiff on the dated 30/3/09 written the application to the chief officer for the stop the said construction and to take the said land as in preivous form with the connection of the said application the chief officer informed to defendants to remove the construction but it was useless no any order followed by defendant

4 as the work was in progress therefore the plaintiff again applied to the chief officer with the showing the photo graph of the work is going on and with the connection the said application the final instruction was given to the plaintiff for the remove the construction by the chief officer to the defendant then also the notice was ignored by the defendant and construction was going on

Hence the plaintiff take the suit with under stated relief before the hon. Court

RELIEF

1 To remove the construction which was illegally constructed by the defendant by themselves or by other and make it as previous situation

2 To provide the all expenses by the defendant to the plaintiffs

3 other remedy which is connected to this matter

The progress of the case

in the reply of the defendant is that they have been done only renovation but the papers sale deed produced by them in the both sale deed one sale deed there is a sale deed of the open plot so on the plot the renovation is not possible only construction is possible while in the other sale deed shows that it was purchaged by the defendant the home and it is clearly written in sale deed that it is 58 year old construction means he has constructed from the base practically way

so for the disclose the construction I applied for the panchnama of expert (civil engeenir ) for the knowing the opinion how many years construction of it but it was rejected by the court