CR No.7378 of 2011 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.7378 of 2011 (O&M) Date of decision: 1.12.2011 Pardip Kumar Jain ...Petitioner Versus Mukesh Kumar ...Respondent CORAM: HON'BLE MR.JUSTICE JITENDRA CHAUHAN Present: Mr.JK Goel, Advocate for the petitioner **** Jitendra Chauhan, J. (Oral) The present revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 18.11.2011, passed by the learned Additional Civil Judge, Senior Division, Karnal, vide which, the application of the defendant-respondent for raising construction of a bathroom and a tin shed, in the portion of the suit property in his possession, was allowed, in view of the undertaking /statement of the respondent that in case construction raised found to be falling in the share of the petitioner, he shall demolish it at his own risk and cost. I have heard learned counsel for the petitioner and perused the case file. The dispute is interse the brothers. The house in question is a joint property, which is yet to be partitioned. However, the suit for partition is pending adjudication with the learned trial court. The respondent, being the co-owner to the extent of half portion of the property in dispute, has CR No.7378 of 2011 (O&M) 2 raised construction of a bathroom and a tin shed. Respondent has made a clear and categorical stand that in case the construction raised, found to be falling in the share of the petitioner, he shall demolish it at his own risk and cost. The construction of bathroom is on account of the pressing need of the day to day life and moreover, the enjoyment of his share of the property in dispute cannot be denied. In view of the above, this Court feels that there is no illegality or perversity in the impugned order dated 18.11.2011, passed by the learned Additional Civil Judge, Senior Division, Karnal. Accordingly, the present revision petition being bereft of any merit is dismissed in limine. 1.12.2011 (JITENDRA CHAUHAN) gsv JUDGE