VENKATESHWARA BUILDERS Vs. NAGARAJA G.

JUDGEMENT

(1.) The present appeal is filed aggrieved by the order passed in I.A. filed under Order 39 Rule 1 and 2 of CPC by the plaintiff Nos.1 and 2 in O.S.No.324/2008 dtd. 20/4/2024 passed by the VII Additional Senior Civil Judge and JMFC, Bengaluru Rural District, Bengaluru, whereby the trial Court had granted injunction restraining defendant No.14 or anybody claiming under them from putting up any construction in any portion of item No.2 of the suit schedule property till pending disposal of the suit. Aggrieved thereby, defendant No.14 is before this Court.

(2.) The facts of the case are that the respondents herein had filed a suit for partition. The appellant herein is arrayed as defendant No.14, who is the purchaser of the joint family property and he was set ex-parte on 16/12/2018 and later on 20/4/2024, the present injunction order is granted in favour of the plaintiff.

(3.) Learned counsel appearing for the appellant/defendant No.14 submits that he has raised a huge structure and at this point of time, the injunction order would cause a lot of hardship to defendant No. 14 and as such, the same has to be set aside.