C.R. No. 1032 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. C.R. No. 1032 of 2009 Date of Decision: October 13, 2009 Shingara Singh …..Petitioner Vs. Kashmir Kaur and others …..Respondents CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI. -.- Present:- Mr. A.G.S. Dhillon, Advocate for the petitioner. -.- M.M.S. BEDI, J. (ORAL) In the application of the plaintiff- petitioner under Order 39 Rules 1 and 2 read with Section 151 CPC in a suit for specific performance of an agreement of sale, the Appellate Court has observed that raising of construction by the defendant- respondents during the pendency of the appeal on the suit land will not result in any irreparable loss to the plaintiff- petitioner. C.R. No. 1032 of 2009 [2] During the course of arguments, counsel for the petitioner contended that it is only room- kotha which is being constructed by the respondents. The respondents have also admitted that they have constructed one room in the suit property and in case they are not permitted to complete the same, the respondents will suffer an irreparable loss. After hearing counsel for the petitioner, I am of the opinion that in case during the pendency of the appeal the respondents who are in actual physical possession of the property, are permitted to complete the construction of a room already constructed on the suit land, it will not, in any manner, prejudice the rights of the petitioner. So far as the room which has already been constructed is concerned, the balance of convenience lies in favour of the respondents. Striking a balance between the rights of both the parties, this revision petition is disposed of with an observation that the respondents will be entitled to complete the construction of the room which has already been raised on the suit land but will not be entitled to further increase the area of the construction beyond the construction which is already existing on the spot as on date. With the above observation, this petition is partly allowed and partly dismissed. October 13, 2009 (M.M.S.BEDI) sanjay JUDGE