D. RAJENDRA RAO Vs. A.R. SACHITANANDA KAMATH

JUDGEMENT

(1.) PETITIONER /appellant/plaintiff is aggrieved by the condition fixed by the learned Additional District Judge, Erakulam while disposing of C.M.A.No.56 of 2012 and has preferred this original petition.

(2.) ACCORDING to the petitioner, there was a contract between him and the respondents as per which petitioner was to construct a building in the suit property. Alleging that respondents are attempting to trespass, petitioner filed the suit and moved the application for temporary injunction. Trial court allowed that application by Ext.P10, order which respondents challenged in C.M.A.No.56 of 2012. Learned Additional District Judge by Ext.P11, judgment refused to interfere with the order of the trial court but, added a rider that petitioner shall obtain permit for construction of building within one month from 10.12.2012 subject to the right of respondents to terminate the agreement if they chose to do so. It was also made clear that respondents have right to reside in their respective houses.

(3.) LEARNED counsel for the respondents contends that petitioner has no right to continue construction.