ABHAY KEWADKAR Vs. RESIDENCES AT BENSON TOWN

JUDGEMENT

(1.) THIS is a defendant's appeal challenging the order passed by 42nd Additional City Civil & Sessions Judge, Bangalore, dated 02.09.2014 in O.S.No.6414/2014, whereunder I.A.No.2 filed by the plaintiff for the relief of temporary injunction to restrain defendant or anybody on his behalf from putting up further construction in the scheduled terrace, has been allowed.

(2.) I have heard the arguments of Smt.Nalina Mayegowda, learned counsel appearing for appellant and Sri D.N.Nanjunda Reddy, learned Senior Counsel appearing for respondent. Perused the order under challenge. Parties are referred to as per rank in the trial Court.

(3.) PLAINTIFF has filed a suit for perpetual injunction to restrain the defendant from putting up any illegal construction in the terrace area of the apartment Nos.308 and 309 and in the terrace garden area of apartment No.306, contrary to deed of declaration and administrative rules and regulations of plaintiff - Association and for a mandatory injunction to demolish and remove all illegal construction in the scheduled terrace garden of apartment Nos.308 and 309 and in the terrace garden area of apartment No.306. In aid of common relief, an application was filed under Order 39 Rule 1 and 2 CPC for temporary injunction, which was resisted to by defendant contending interalia that terrace area is owned by defendant and as such, defendant is entitled to put up structure in the said area and if an order of temporary injunction is granted, it would cause irreparable loss and injury to the defendant. Hence, on the ground of prima facie case and balance of convenience being in his favour, defendant sought for dismissal of the application.