RADHAVALLABH TIBREWAL Vs. PURUSHOTTAM LAL TIBREWALA

JUDGEMENT

(1.) Appellant has filed this appeal challenging the order dtd. 22/6/2018 passed by trial court, whereby, application moved by the appellant under Order 39 Rule 2A of Code of Civil Procedure, 1908, was dismissed.

(2.) Learned counsel for the appellant has submitted that in the suit filed by the appellant, trial court had restrained the defendant from raising construction. Despite the said fact, respondent No.2 on behalf of the defendant had continued raising construction over the property-in-question.

(3.) Order 39 Rule 2A CPC reads as under:-