SK.SAIFUDDIN Vs. SK.YAMIN

JUDGEMENT

(1.) FMAT 275 of 2021 is directed against order dated 28th June, 2019 whereby the ad-interim order of injunction directing maintenance of status quo by the defendant no.1-appellant and plaintiff-respondent in respect of nature, character and possession of 'B' schedule property was made absolute till the disposal of the suit.

(2.) Pursuant to leave granted by this court, FMAT 464 of 2021 was filed whereby order dated 7th March, 2020 refusing to set aside the aforesaid order of injunction has been challenged.

(3.) Learned advocate appearing for the appellant submits adequate opportunity of hearing was not granted to his client and the court below had not gone into the merits of the case while making the ad-interim order absolute. Hence, the order impugned is liable to be set aside. He further submits the respondent-plaintiff had not averred in the plaint that he had made any construction and subsequently changed his stance claiming that construction 'H2' made on the suit plot had been undertaken by him. It is also contended that the construction is almost complete and it is prayed that the construction be permitted to be made habitable without prejudice to the rights and contentions of the respondent no.1-plaintiff and/or creating any equity in favour of the appellant-defendant.