K KRISHNASAMY Vs. DHANALAKSHMI

JUDGEMENT

(1.) Heard the learned counsel appearing for the appellant and the learned counsel appearing for the respondent.

(2.) The respondent / plaintiff has filed the suit in O.S.No.187 of 2012 for permanent injunction and obtained an interim order in I.A.No.124 of 2012. After trial, the Trial Court has dismissed the suit, against which the respondent / plaintiff has filed an appeal in A.S.No.45 of 2018 before the first appellate Court along with I.A.No.316 of 2018 for interim injunction. Considering the fact that the respondent / plaintiff has enjoyed the interim relief till the disposal of the suit, the first appellate Court has granted an interim order of injunction till the disposal of the first appeal. Aggrieved by that order, the appellant / defendant has filed this appeal.

(3.) The learned counsel for the appellant / defendant would submit that the respondent herein claimed title only through a settlement deed executed by one Daniel and the same was rejected by the trial Court by assigning valid reasons, but the lower appellate Court, without considering the same, has erroneously granted an interim order of injunction till the disposal of the first appeal. Thus, he prayed to set aside the interim order granted by the trial Court.