1 2026:CGHC:26986 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 486 of 2026 1 - Akash Yadav S/o Umashankar Aged About 27 Years Cast- Bargah R/o Village Chindiya Tehsil- Patna District- Koriya (C.G.) 2 - Umashankar S/o Late Dhannuram Aged About 50 Years Cast- Bargarh R/o Village - Chindiya Tehsil Patna District- Koriya (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Collector Koriya, District Koriya (C.G.) 2 - Shivshankar Yadav S/o Late Dhannuram Yadav Aged About 53 Years R/o Village - Chindiya Tehsil- Patna, District Koriya (C.G.) 3 - Ramashankar Yadav S/o Late Dhannuram Yadav Aged About 48 Years R/o Village - Chindiya Tehsil- Patna, District Koriya (C.G.) 4 - Balkunwar W/o Late Dhannuram Yadav Aged About 73 Years R/o Village - Chindiya Tehsil- Patna, District Koriya (C.G.) ... Respondent(s) 2 For applicant (s) : Ms. Chetna Sharma, Advocate For Respondent No.4/State : Mr.Vinod Kumar Tekam, GA For Respondents No.2 to 4 : None present though served (Hon’ble Shri Justice Ravindra Kumar Agrawal) Order on Board 01/07/2026 Heard. 2. Present is an application seeking modification of the order dated 16.04.2026 passed by this Court in W.P 227 No. 1163 of 2025. 3. Learned counsel appearing for the applicant submits that the applicant has instituted a civil suit against respondent Nos. 2 to 4 seeking declaration of title and permanent injunction over the suit property. Earlier, the application preferred under Order XXXIX Rules 1 and 2 of the Code of Civil Procedure having been rejected by the learned trial Court, the applicant approached this Court by filing W.P 227 No. 1163 of 2025. By order dated 16.04.2026, this Court directed the parties to maintain status quo in respect of the suit property as it existed on the date of the order till the final disposal of the suit. It is further submitted that subsequent to the aforesaid order, the subject house is witnessing heavy storm and incessant rainfall, resulting to collapse of the roof. Owing to continuous exposure to adverse weather conditions, the walls of the house have also suffered substantial deterioration, rendering the structure unsafe and susceptible to further damage. Since the applicant is admittedly in possession of the suit property, he merely seeks permission to undertake essential repairs so 3 as to preserve the existing structure and prevent any further deterioration. It is, therefore, prayed that the order dated 16.04.2026 be suitably modified to permit the applicant to carry out necessary repair works. 4. In support of the aforesaid submissions, learned counsel for the applicant has referred the documents Annexure P/2, comprising photographs of the suit house, which prima facie depict the damaged condition of the structure. 5. Despite due service of notice, none appears on behalf of respondent Nos. 2 to 4 to oppose the present application. 6. Having considered the submissions advanced by learned counsel for the applicant and upon perusal of the material placed on record, particularly the photographs annexed as Annexure P/2, this Court is of the view that since the applicant seeks only to undertake essential repair works for preserving the existing structure and not to alter the nature or character of the suit property, the applicant is permitted to carry out the necessary repairs to the suit house at his own cost and expense, ensuring that no nuisance, inconvenience, or damage is caused to the adjoining properties or to the rights of any other person. 7. It is made clear that the applicant shall not undertake any extension, enlargement, alteration, or fresh construction over the suit property. The permission granted herein is confined strictly to raising the collapsed roof and repairing the existing walls of the house so as to restore the structure to its original condition. 4 8. With the aforesaid modification, the order dated 16.04.2026 stands modified to the above extent, and the present application is accordingly disposed of. Sd/- (Ravindra Kumar Agrawal) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2026.07.03 12:47:29 +0530