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.