RAM SINGH Vs. MUKESH KUMAR

JUDGEMENT

(1.) Learned counsel for the appellant submits that the suit in question is for declaration, possession and mandatory injunction and, if the interim order is not granted, the suit itself would render infructuous as the construction by the respondents-defendants on the property in question would be completed by then.

(2.) Per contra learned counsel for defendant No.2 submits that as observed by the learned Trial Court, the defendant has a free hold patta in his favour and has even sought permission to raise construction on the land in question from the concerned Municipal Cooperation. Therefore, the learned Trial Court rightly rejected the request for interim order in favour of the plaintiff.

(3.) Heard learned counsel for the parties and perused the material available on record.