Case Note & Summary
The case involved an appeal against an order from the Andhra Pradesh High Court that allowed the construction of a second floor on a building, modifying a previous interim order that maintained status quo. The appellants challenged the High Court's decision, arguing that there was no evidence of a sanctioned plan for the construction and that the building could not support an additional floor. The High Court had permitted the construction based on the applicant's claim of inconvenience in accommodating his sons, but the Supreme Court found this insufficient. The Court emphasized that the applicant failed to provide evidence to demonstrate that the building could withstand the additional load or that any necessary permissions had been obtained. Consequently, the Supreme Court set aside the High Court's order and directed that the original status quo be maintained until the matter was resolved by the High Court. The appeal was disposed of without costs.
Headnote
A) Civil Procedure - Interim Orders - Modification of Interim Order - Code of Civil Procedure, 1908 - The High Court modified an interim order allowing construction of a second floor without adequate evidence of structural integrity or necessary sanctions. The Supreme Court held that the burden was on the applicant to prove that the building could withstand the additional load, which was not met, thus reinstating the status quo (Paras 2-4).
Issue of Consideration
Whether the High Court was correct in permitting construction of the second floor without sufficient evidence.
Final Decision
The Supreme Court set aside the High Court's order dated 20.10.2008 and directed that the status quo as per the order dated 3.11.2006 shall continue until the matter is resolved by the High Court.
Law Points
- Modification of interim order
- construction sanction
- status quo maintenance
