(1.) Petitioner had filed a suit for permanent and mandatory injunction.
(2.) Along with the suit, they also filed an application under Order XXXIX Rule 1 and 2 of CPC seeking directions to restrain defendants from raising any construction over the suit premises.
(3.) The suit was resisted and defendant No. 1 claimed that he was the absolute owner of the suit property and that the plaintiff has no locus standi file the present suit.