RAJENDRA KUMAR JAIN Vs. AJAY KUMAR SHARMA

JUDGEMENT

(1.) AMITAVA Lala, J. It appears to this Court that three Suits were instituted before the Court below. The main purpose in the Suits is to get decree for permanent injunction. The respondents have made an application for grant of temporary injunction.

(2.) THE grievance of the appellants is that three suits cannot be maintained out of same cause of action. THE Court below has taken the plea that since two suits are pending before different Courts and one suit is pending before it, he is not concerned about the other two Suits. However, a temporary order of injunction had been passed in an interlocutory application in the three Suits being Suit Nos. 52 of 2007, 87 of 2006 and 153 of 2006 in respect of further construction of the building by the appellants in the area A. B. C. D. and also excess area of 1/2 feet land which has shown in the map as L. M. N. O. Such map is part and parcel of the appeal which is annexed by the appellants as Annexure-SA-3 to the supplementary affidavit. This Court in the midst of arguments, found that the appellants are inclined to give up the excess area which has been marked as letters L. M. N. O. THErefore, there is no dispute with such area. So far as construction is concerned, the respondents have no objection about the internal construction by the appellants who earlier stopped due to order of injunction. THErefore, the appeal can be resolved on the basis of such concession given by the respondents. Hence, there is no embargo upon the appellants in making such construction which he proposed.