Prem Kumar Premi v. Mohd Adil & Ors.

1. Petitioner challenges the order dated 11.01.2023 passed by the learned Trial Court in CS SCJ 413/2020 titled as “Prem Kumar Premi vs. Mohd. Adil & Ors.”, whereby the learned Trial Court has dismissed an application seeking removal of debris/malba and construction material lying in the common passage. [ The proceeding has been conducted through Hybrid mode ]

2. Learned counsel submits that the learned Trial Court has not considered the photographs placed on records in the correct perspective and has simply rejected the contentions raised by the learned counsel Neutral Citation Number 2023/DHC/001179 CM(M) 248/2023 appearing before it.

3. Learned counsel submits that the alternative prayer seeking permission to remove the debris/malba and other construction material causing obstruction on the common passage by the petitioner himself on his own cost, was not considered.

4. The orders dated 11.01.2023 and 23.07.2022, which were inadvertently filed in an incomplete condition have been handed over across the Bench and are directed to be taken on record.

5. This Court has observed that so far as the impugned order is concerned, there is no illegality or impropriety committed by the learned Trial Court for interference by this Court under Article 227 of the Constitution.

6. However, after observing the photographs, this Court grants liberty to the petitioner to move an appropriate application before the learned Trial court, which may be considered on its own merits, seeking permission to remove the debris/malba, construction material from the common passage on his own expenses so as to make his own shop accessible to the customers.

7. With the aforesaid directions, the present petition is disposed of.

TUSHAR RAO GEDELA, J FEBRUARY 15, 2023