M.A. ZAFAR, J. - Present petition under Section 115, C.P.C. Has been directed against the order dated 27.8.2008 passed by learned Civil Judge, Murree permitting the respondent to erect a retaining wall at the spot.
2. Brief facts of the case are that petitioner filed suit for recovery of damages of Rs. 3.5 million with permanent injunction with the prayer of grant of 15% interest from the date of filing the suit with costs and restraining the petitioner/defendant from encroaching, excavating/constructing within limits of petitioner/plaintiff plot (suit property) and interfering in his peaceful possession.
3. Respondent filed an application for erection of restraining wall on plot No. 4 alleging therein that due to the extensive rain there is an apprehension of damage. The learned Civil Judge deputed a local commission, who also in his report recommended erection of retaining wall at the spot.
4. Learned counsel for the petitioner submits that due to erection of retaining wall on plot No. 4, it will be- difficult to assess the damages suffered by the petitioner and the learned Civil Judge has not properly exercised his jurisdiction while permitting the respondent/defendant to erect the retaining wall on plot No. 4.
5. After hearing learned counsel for the petitioner and perusing the documents attached with the petition I find that learned Civil Judge deputed a local commission, who in his report has recommended that owner of plot No. 4 may be directed to construct a retaining wall on three sides of the plot so as to stop the further creep/land sliding in the area. The learned Civil Judge taking into consideration that extensive rain is a common phenomena in Murree leaving an excavated plot without retaining walls would cause further land sliding and apprehending that property of persons living in the lower side would also be damaged allowed the application vide impugned order. No exception can be taken to the order passed by the learned Civil Judge, Murree, which is just, legal, proper and according to the facts and circumstances of the case.
6. For the forgoing reasons-, there is no force in this petition and the same is accordingly dismissed.