1 2025:CGHC:36759 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 714 of 2025 1. Jawaharlal Nainani S/o Late Kanhaiyalal Nainani Aged About 64 Years R/o Kanhaiya Kunj, Infront Of Bungalow Of District Judge, Chhattisgarh Club Road, Civil Lines, Raipur, Tehsil And District Raipur (C.G.) 2. Rakesh Nainani S/o Jawaharlal Nainani Aged About 44 Years R/o Kanhaiya Kunj, Infront Of Bungalow Of District Judge, Chhattisgarh Club Road, Civil Lines, Raipur, Tehsil And District Raipur (C.G.) ... Petitioner(s) versus  Dilip Kumar Nainani S/o Late Kanhaiyalal Nainani Aged About 62 Years R/o Kanhaiya Kunj, Infront Of Bungalow Of District Judge, Chhattisgarh Club Road, Civil Lines, Raipur, Tehsil And District Raipur (C.G.) The Alternative Address Paradise, Liberty Tower, Near Kiran Building, Jai Stambh Chowk, Raipur, Tehsil And District Raipur (C.G.) ... Respondent(s) For Petitioners : Mr. Manoj Paranjpe, Advocate For Respondent : Mr. B.P. Sharma, Advocate along with Mr. M.L. Sakat, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 29-07-2025 1) By way of this petition, petitioners have challenged the order passed by the learned First District Judge, Raipur, District–Raipur in Misc. Civil Appeal No. 55/2025 dated 04.07.2025 whereby Misc. Appeal preferred by the petitioners/ plaintiffs has been dismissed Digitally signed by AJINKYA PANSARE Date: 2025.07.29 14:20:39 +0530 2 and the order passed by learned civil court whereby application moved under Order 39 Rules 1 and 2 read with Section 151 of CPC was rejected has been affirmed. 2) Petitioners/ plaintiffs have claimed easementary right of light and air as respondent/ defendant has started raising construction on the back side of house of plaintiff where window and ventilation exist. An application for grant of temporary injunction was moved by plaintiffs and it was rejected the by Trial Court vide order dated 25.06.2025 and same has been affirmed by the learned appellate Court vide order dated 04.07.2025. 3) Mr. B.P. Sharma, counsel appearing on behalf of respondent/ defendant submits that defendant has already completed construction of wall and rooms adjacent to plaintiffs’ house where window and ventilation exist. 4) As construction work has already been completed adjacent to the back side of house of plaintiffs and window and ventilation have been closed, order of temporary injunction cannot be passed at this stage as plaintiffs have not sought any relief with regard to demolition of construction raised by defendant. 5) However, it is directed that construction raised by defendant shall be subject to final outcome of the pending civil suit. 6) With the aforesaid direction, this petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya