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2016 DIGILAW 1610 (HP)

Roshan Lal Rattan v. Saurav Rattan

2016-08-05

P.S.RANA

body2016
Order : P.S. Rana, J. CMP No. 19601 of 2014 filed for modification of order dated 24th September 2014 which was made absolute on dated 29th October 2014. On dated 24th September 2014 parties were directed to maintain status quo qua nature and possession of the suit land till further orders. 2. With the consent of parties following orders passed: (1) Respondent Roshan Lal Rattan will raise lintel upon the portion as shown at page No.95 in photograph Ext. PA on the doctrine of necessity in order to protect the flow of rain water in the residential house. (2) Respondent Roshan Lal Rattan will be at liberty to raise window frames and glass window panes on the windows and two doors as shown in site plan Ext. PB at serial No.1 to 10 in encircled portion on the concept of necessity in order to prevent flow of rain water in the residential house. (3) Respondent Roshan Lal Rattan will be at liberty to conduct all repairs in the ground floor on the concept of necessity. (4) No other new construction or additional construction would be allowed to respondent Roshan Lal Rattan except cited supra. 3. Previous orders dated 24.09.2014 and 29.10.2014 modified accordingly with the consent of parties. Observations made herein above will not effect the merits of the case and will be strictly confined for disposal of present application. CMP No.19601 of 2014 is disposed of.