E-Paper
Court refrains Chandigarh administration from removing encroachment by GMSH-16 chemist till Jan 10
The chemist had approached the court of additional district judge Beri after the court of civil judge junior division Jaspreet Singh Minhas had ruled that there was no ground to interfere with the show-cause notice issued by the UT administration.
The court of additional district judge Rajeev K Beri on Thursday restrained the UT administration from acting upon its December 22 order for removal of encroachment by the chemist at Government Multi Specialty Hospital (GMSH), Sector 16, till January 10.
The chemist had approached the court of additional district judge Beri after the court of civil judge junior division Jaspreet Singh Minhas had ruled that there was no ground to interfere with the show-cause notice issued by the UT administration.
Chemist Sunil Kumar, through his counsel Munish Dewan, had moved application under Order 39 Rule 1 & 2 of Code of Civil Procedure, seeking to restrain the defendants from interfering in his possession over the rented premises in dispute and from forcibly entering in his possession over it while further seeking staying of operation of the order issued on December 22 during pendency of the appeal.
The plaintiffs claimed that the defendants are threatening to enter into the possession of plaintiff over the rented shop the lease of which is valid till February 17, 2024. They also are threatening to enter in such possession of the plaintiff on the basis of the December 22 order.
The court observed that in view of the circumstances, the urgency involved, the silence of a lease deeds with regard to rented area, and finding a prima facie case, “it is directed that parties shall maintain status quo with regard to possession/existing condition of referred shop till January 10. Till then defendants are restrained to act upon the December 22 order.” The appeal will be next heard on January 10.
