Plaintiff lodged the suit against the defendant no-1 who is the purchaser of the property and defendant no-2 who cares for the construction work on behalf of the defendant no-1 because the both are going to construct the construction in this way that construction violated the easementary rights of the plaintiff
Therefore under the RTI plaintiff demanded the information regarding the construction permission of the said construction but from the said office reply came that there was no any kind of the permission taken from the concerned department and the construction taken by the defendant no-2 is illegal and chief officer notice to the defendant no-2 demolish the said construction but defendant not followed the instruction of the chief officer. The notice was served second time also by the chief officer but it was also ignored by the defendant no-2 therefore the plaintiff written to the collector with the connection of the said matter therefore the collector issue a letter to chief officer that you take action and demolish the construction in the notice of the collector chief officer replied that there is no property of the defendandnt no-2 because it is the property of the defendant no-1 hence chief officer not demolish the said property
Afterwards the suit was lodged by the plaintiff for the interim injunction and mandatory injunction and the panchanama taken place at the place of the plaintiff and after the panchnama the reply came on behalf of defendant n0-1 & 2 in the reply of the defendants the defence was taken by that the plaintiff is not owner of the property of therefore he has not the right to lodge the suit and another defence was that defendant just done renovation but from the documentary list I put in the counter affidavit that the both sale deed produced by the defendant in the said sale deed one sale deed is open land and other deed is regarding the two rooms having open terrace 58 years old defendant also put the rough sketch of the said old premised that only shows that there is open place now at present there is new constructed t2 floor newly constructed the property
Seeing the circumstances and for the prove the new constructed property I lodge the application before the court to order to make panchanama of the newly constructed building by the expert the and in the said application formal objection came pls guide me to argue for the sanction of the said application in favour of the plaintiff if the application is reject then I have to move at the high court for the S CA am I write another question is that defendant completed the 95 % construction pls suggest me the arguments points for the interim injunction application
