2009 INSC 0387
                                    SUPREME COURT OF INDIA

                                            Peddi Ashok Kumar

                                                      Vs.

                                           Peddi Sudarshan Rao

                                         C.A.Nos.1143-44 of 2009

                          (Dr. Arijit Pasayat and Ashok Kumar Ganguly JJ.)

                                                  20.02.2009

                                                JUDGMENT

Dr. Arijit Pasayat, J.

1. Leave granted.

2. Challenge in this appeal is to the order passed by a learned Single Judge of the Andhra
Pradesh High Court permitting construction of the second floor, by modification of the
interim order dated 3.11.2006, by which status quo was directed to be maintained. The High
Court felt that there was no material to show that the building will not withstand the second
floor and that there was inconvenience on the part of the applicant before the High Court to
accommodate his sons. The High Court in the aforesaid premises modified the interim order
dated 3.11.2006 and permitted construction of the second floor.

3. Learned counsel for the appellants assailed the correctness of the impugned order. There
was no material before the High Court to show that any plan had been submitted or there was
any sanction to construct the second floor. Specific stand was taken that the building would
not withstand raising of the second floor. The High Court felt that it was for the appellant
before the High Court to show that the building withstand the second floor. No material was
placed by the applicant before the High Court to show that either there was any sanction for
construction of the second floor or that the factual situation was that construction of the
second floor would not cause damage to the building. Merely because there was some
purported inconvenience indicated by the applicant that could not have been ground to
permit construction of the second floor.

4. In the circumstances, we set aside the impugned order of the High Court dated 20.10.2008
and direct that status quo as was earlier directed by the order dated 3.11.2006 shall continue
to be operative till disposal of the matter by the High Court.

5. The appeal is disposed of accordingly. No costs.

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