ORDER 1. By this petition under Article 227 of the Constitution of India, the petitioner is challenging the validity of the impugned order dated 13.7.2010 passed by learned trial Court dismissing the application under section 151 of CPC filed by the plaintiff /petitioner. 2. By this said application, the plaintiff has sought the following relief: ** vr% izkFkZuk gS fd izkFkZuki= izkFkhZ Lohdkj fd;k tkdj dksVZ dfe'uj dh mifLFkfr esa izkFkhZ@oknh dks Lo;a vius [kpZ ij oknxzLr ¼v&c½ nhoky ds {kfrxzLr Hkkx dks izfroknh dh laifRr dh vksj ls ejEer fd;s tkus dh vkKk iznku dh tk;sA** 3. The learned trial Court has dismissed the said application on the ground that the same relief has been sought by the plaintiff in his application for issuance of temporary injunction and that application is still pending. 4. Shri D.D. Bansal, learned counsel for the petitioner contended that a wall which is adjacent to the wall of the defendant is in dilapidated condition, and on account of rainy season the rain water is still causing more damage to it and because the plaintiff is unable to get it repaired from the side of the defendant, therefore, learned counsel submits that he is ready to bear the entire expenses and will depute the labourers who shall repair the wall from the side where the defendant is residing because without entering in the house of the defendant that wall cannot be repaired. 5. Shri N. K. Gupta, learned counsel for respondent has opposed the prayer and has submitted that because application for issuance of temporary injunction is still pending and the learned trial Court will prejudice if such type of order is passed. therefore, at the most this Court may direct learned trial Court to decide that application along with the application of temporary injunction. 6. Without entering into the controversy whether order impugned has been rightly passed or not, in the interest of justice and in order to Safeguard the right of the plaintiff as well as his property which is the wall which is facing the defendant's side, we hereby dispose of this petition by giving following directions:- (1) the defendant shall permit the labourers which shall be engaged by the plaintiff to get the wall repaired and the entire cost of the material will be borne out by the plaintiff. (2) the labourers so deployed shall repair the wall of the plaintiff which is facing towards the defendant's side; (3) the defendant will permit the labourers to carry out necessary repairs and the entire costs which shall be borne out from the plaintiff; (4) and whatever the observations we have made while disposing of this petition will not come in any way while deciding the application of temporary injunction filed by the plaintiff and learned trial Court is free to pass necessary orders in that regard.