IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18349 of 2010 Mithilesh Kumar Singh @Sonu Singh Versus Most.Lilawati Kuer ----------- 05. 12.07.2011 Heard Mr. Niraj Kumar for the petitioner. The petitioner questions the order dated 6.6.2009 passed by learned 1st Munsif, Arrah in Title Suit No. 42 of 2008, whereunder the court below has allowed the respondent to carry out the repair work as to her dwelling house. It is indisputed that the property in question is the subject matter in Title Suit No. 42 of 2008 filed by the plaintiff- respondent in which the petitioner is the defendant. The suit is for declaration of title for land/house over plot no. 484 and khata no. 117 measuring 10 decimals situated in village Keshwan, P.S. Piro in the district of Bhojpur. Two petitions had been filed by the plaintiff in the Title Suit; one seeking interim injunction against the defendant-petitioner herein over the suit property from interfering in any manner with a possession over the suit premises and the second petition was filed seeking permission of the court below for carrying out repairs in the suit property which had got damaged by passage of time. The plaintiff- respondent is a widow. Learned court below by order dated 6.6.2009 even while rejecting the prayer for interim injunction has been pleased to permit the plaintiff-respondent herein to get her wall repaired towards the western side of the dwelling keeping in mind the status of the widow. The permission has 2 been granted to the plaintiff-respondent subject to the condition that in the event the Title Suit is decided in favour of the defendant-petitioner, the plaintiff-respondent would not be seeking any compensation of the amount spent in the repair of the dwelling house. Learned counsel for the petitioner submits that the permission accorded by the court below amounts to allowing of the main relief even while in the suit pending. I am in disagreement with the contention of the learned counsel. The learned court below in very clear terms has allowed the plaintiff-respondent to carry out the repair works towards the western wall of her dwelling house which had got severely damaged by the rains. The contention set out by the defendant-petitioner regarding the plaintiff encroaching on their property has also been disbelieved. I find no reason for interfering with the orders passed by the court below and consequently, the writ petition is dismissed. S.Sb/- (Jyoti Saran, J.)