Full Judgment Text
2009 (3 ) SCR 336
PEDDI ASHOK KUMAR & ORS.
v.
PEDDI SUDARSHAN RAO
(Civil Appeal Nos. 1143-44 of 2009)
FEBRUARY 20, 2009
[DR. ARIJIT PASAYAT AND ASHOK KUMAR GANGULY, JJ.]
The Judgment of the Court was delivered by
DR. ARIJIT PASAYAT, J. 1. Leave granted.
2. Challenge in this appeal is to the order passed by a learned Single Judge
of the Andhra Pradesh High Court permitting construction of the second floor, by
modification of the interim order dated 3.11.2006, by which status quo was
directed to be maintained. The High Court felt that there was no material to show
that the building will not withstand the second floor and that there was
inconvenience on the part of the applicant before the High Court to
accommodate his sons. The High Court in the aforesaid premises modified the
interim order dated 3.11.2006 and permitted construction of the second floor.
3. Learned counsel for the appellants assailed the correctness of the
impugned order. There was no material before the High Court to show that any
plan had been submitted or there was any sanction to construct the second floor.
Specific stand was taken that the building would not withstand raising of the
second floor. The High Court felt that it was for the appellant before the High
Court to show that the building withstand the second floor. No material was
placed by the applicant before the High Court to show that either there was any
sanction for construction of the second floor or that the factual situation was that
construction of the second floor would not cause damage to the building. Merely
because there was some purported inconvenience indicated by the applicant that
could not have been ground to permit construction of the second floor.
4. In the circumstances, we set aside the impugned order of the High Court
dated 20.10.2008 and direct that status quo as was earlier directed by the order
dated 3.11.2006 shall continue to be operative till disposal of the matter by the
High Court.
5. The appeal is disposed of accordingly. No costs.