CMPMO 38 of 2006. 31.7.2008 Present: Mr. Ashwani Sharma, counsel for the petitioner. Mr. Shrawan Dogra, counsel for respondents 1 to 4 and 9. This petition under Article 227 of the Constitution of India has been filed by the plaintiff herein against the order of the learned District Judge, Bilaspur modifying the order of injunction granted in his favour by trial Court. In the suit instituted by the petitioner herein, the learned trial Court, on consideration of the material on record, granted an injunction against the respondent holding: “ ……The defendants may however, carry out their construction work after leaving set back of about two meters from the retaining wall of the house of plaintiff, which will ensure that no damage is caused to the house of the plaintiff.” In appeal before the learned District Judge, he modified the order holding: “10. ……the defendants can carry out the construction work after leaving adequate space from the retaining wall of the house of the plaintiff and the construction should be raised in such a manner that no damage is caused to the retaining wall and house of the plaintiff…” Both these orders, when considered in -2- their entirety, cannot be construed to mean anything else save and except that the defendant will not damage the house/ constructed portion/ property of the plaintiff in any manner. Whether the distance is 2 meters, 3 meters or any other distance, it has to be construed in the light of result to be achieved, namely that no damage is to be caused to the house of the plaintiff. This petition is accordingly disposed of with a direction to the learned trial Court that it shall proceed expeditiously with the disposal of the suit which shall be disposed of preferably within a period of 8 months from the date when parties first put in appearance. Parties to appear before the learned trial Court on 12.9.2008. There shall be no order as to costs. The record of the trial Court be sent back immediately. It is clarified that in case any damage is caused to the construction made by the petitioner herein, it will be open to him to move the learned trial Court for an appropriate relief. Pending application(s) shall stand disposed of. July 31, 2008 (PC). (Dev Darshan Sud), J.