Sri.S.M.Prakash. S/O.Muniswamy Reddy Vs. Sri.M.Munireddy, S/O.Late Muniswamy Reddy - Court Judgment

Excerpt:
[ k. bhakthavatsala, j. ] this misc. cvl. is filed under order xxxix r-l & 2 of cpc. praying to pass an ad interim order of temporary injunction restraining the defendant/respondent/his servants or any body claiming under or through him from putting up any construction on the area marked 'abcd' and 'wxyz' in the plaint sketch which is more fully described in the schedule hereunder, pending disposal of the above appeal, in the interest of justice & equity.order1. heard on misc.cvl. 17576/2010. this is an application filed by the appellant/plaintiff under order xxxix rules 1 and 2 of cpc seeking temporary injunction against the respondent from putting up any construction on the area marked 'abcd' and wxyz' in the plaint sketch, pending disposal of the appeal.2. as per the impugned judgment, the trial court has declared that the appellant/plaintiff has acquired easementary right over the passage shown as 'abcd' and 'wxyz' in the plaint sketch and the defendant has been permanently restrained from putting up any construction over the said passage. under such circumstances, the application filed for temporary injunction does not survive for consideration. therefore, misc.cvl. 17576/2010 for temporary injunction is rejected. notice regarding admission. call for l.c.r. i ; judge

Judgment:
ORDER

1. Heard on Misc.Cvl. 17576/2010. This is an application filed by the appellant/plaintiff under Order XXXIX Rules 1 and 2 of CPC seeking temporary injunction against the respondent from putting up any construction on the area marked 'ABCD' and WXYZ' in the plaint sketch, pending disposal of the appeal.

2. As per the impugned Judgment, the Trial Court has declared that the appellant/plaintiff has acquired easementary right over the passage shown as 'ABCD' and 'WXYZ' in the plaint sketch and the defendant has been permanently restrained from putting up any construction over the said passage. Under such circumstances, the application filed for temporary injunction does not survive for consideration. Therefore, Misc.Cvl. 17576/2010 for temporary injunction is rejected. Notice regarding admission. Call for L.C.R.

I ; Judge