APPASAHEB Vs. SHANKAR

JUDGEMENT

(1.) In a suit for injunction, the Trial Court rejected the application filed by the plaintiff for grant of a temporary injunction to restrain the defendants from putting up the further construction.

(2.) However, in appeal, the trial Court has granted an injunction against the defendants restraining them from carrying out the further construction touching upon the western wall of the property and directed them not to cause any damage to the said wall.

(3.) In my view, since the Appellate Court has not restrained the defendants from putting the construction totally, no prejudice as such is caused to the defendants. All that the Appellate Court has done is to restrain the defendants from putting up any construction by touching upon the wall of the plaintiff's property and it has further directed no damage be caused to the plaintiff's wall. So long as construction of the defendants does not in any way touch the western wall nor damage to the wall, the order of the Appellate Court would not in any way prejudice the defendants.