GOVINDARAJU Vs. VENKATESH

JUDGEMENT

(1.) This appeal is filed challenging the order passed by the Trial Court on I.A.No.13 filed under Order XXXIX Rules 1 and 2 read with Sec. 151 of CPC wherein prayed to restrain the plaintiffs, their agents or anybody claiming though them from changing the nature of the suit schedule property item No.8 by putting up construction or digging any trenches therein till the disposal of the suit.

(2.) The learned counsel appearing for the appellants would vehemently contend that the very impugned order come in the way of restraining the appellants in constructing a building and the building in which they are residing is collapsed. Hence, they are constructing a new building.

(3.) The learned counsel appearing for respondent Nos.1 and 3 would vehemently contend that if the appellants are constructing the building in the very same place where the building was collapsed, they have no objection for the same but the appellants are putting up the construction in different place that too without obtaining any permission or licence and if the appellants constructed the building in the said place, it amounts to changing of nature and the Trial Court also granted the interim order having taken note of the material on record. Hence, it does not requires any interference.