Judgment · High Court

The present petitioner, who is plaintiff in Title Suit No. 57/2010, pending in t he Court of the learned Munsif, Bijni, filed a petition before the learned Munsi f stating to the effect, inter alia, that the suit house was made of bamboo post s, the bamboo posts stood damaged and it was necessary to replace the said bambo o posts, otherwise, there was every likelihood of the various movable properties , lying inside the said house, being damaged causing, thereby, loss to the plain tiff. The plaintiff, therefore, sought for permission to repair the house by re placing the bamboo posts of the said house. By order, dated 16.06.2011, the learned Munsiff took the view that since there w as already an order, dated 13.05.2011, passed in the said Title Suit, directing the parties, in the suit, to maintain status quo until disposal of the suit, the prayer, made by the plaintiff-petitioner, seeking permission to repair the rent ed shop, cannot be granted. It is this order, dated 16.06.2011, which stands im pugned in the present revision. On taking up this revision for motion hearing, Mr. S. Nath, learned coun sel for the petitioner, submits that the petitioner, now, seeks to file necessar y application in the learned trial Court seeking modification of the direction t o maintain status quo by the parties concerned and also for allowing the plainti ff-petitioner to repair the rented shop by replacing the bamboo posts of the sai d house. In view of the above submission, this revision is disposed of, as not pr essed, with liberty given to the petitioner to file appropriate application(s) i n the learned trial Court, seeking modification of the direction, given by the l earned Court below, to maintain status quo by the parties concerned till disposa l of the suit and also for obtaining the learned trial Court’s permission to rep air the shop, should such repairing be found necessary by the learned trial Cour t.