JAGAPADA MITRA AND ORS. Vs. SHIBAPADA MITRA

JUDGEMENT

(1.) HEARD learned Counsel for both the parties. Notice of final disposal at the time of admission was given.

(2.) DEFENDANT No. 2 filed an application for restraining Appellants from constructing house over the roof of the pucca houses situated in Cuttack Town or changing nature of such property. Trial Court having passed an order of temporary injunction, this appeal has been filed.

(3.) AS regards construction, admittedly, houses are in Cuttack town to which are the Orissa Municipal Act and the Development Authority Act are applicable. Under those Acts, permission is necessary for construction. No permission has been claimed by Appellants. In that view of the matter when the Appellants cannot make any construction without violating the law, there would be no prejudice to them by granting temporary injunction.