GANGA DEVADIGA Vs. G D SRINIVASA

JUDGEMENT

(1.) The petitioners being the plaintiffs in a partition and declaration suit in O.S.No.87/2018 are invoking the writ jurisdiction of this Court for assailing the orders of the Courts below, whereby the injunctive relief restraining the construction of a building has been denied concurrently, though the injunction restraining alienation is favoured.

(2.) The trial Court the order dated 09.07.2018 denied the injunctive relief so far as the construction of building is concerned, and this order came to be affirmed in petitioner's appeal in M.A.No.10/2018 by the lower appellate Court by the order dated 28.08.2018; the writ petition was filed on 01.10.2018 and thus, more than one and half years having lapsed, the learned counsel for the petitioners fairly points out that the construction of first floor is already accomplished.

(3.) Both the Courts below after adverting to the material on record, having concurrently denied the injunctive relief as sought for, ordinarily the writ Courts do not grant indulgence in such matters, unless there is cogent reason which is lacking herein, vide Trimbak Gangadhar Telang Vs. Ramchandra Ganesh Bhide, AIR 1977 SC 1222.