HAR NARAYAN Vs. KANCHAN PANWAR
HIGH COURT OF RAJASTHAN
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SANJEEV PRAKASH SHARMA,J. -
(1.) This appeal was heard finally with the consent of counsel for the parties.
(2.) The appellant has challenged order passed by learned Additional District Judge No.1, Jodhpur Metropolitan on an application under Order 39 Rule 1 and 2 CPC dated 06.10.2016 whereby he has passed interim injunction directing that the property situated at Plot No.162-B, Bhagat Ki Kothi, Jodhpur shall neither be alienated nor transferred nor any construction be made thereto.
(3.) Learned counsel appearing for the appellant submits that he has no objection with regard to the injunction relating to restraining from alienation of property or transferring it to any third party. He submits that so far as restraining the appellant from making construction in the property is concerned, was wholly uncalled for. Learned counsel has submitted that the property is in possession of the appellant-defendant. Admittedly the plaintiff is residing in another plot situated at B-385, Saraswati Nagar, Jodhpur. Learned counsel submits that neither prima facie case was in favour of the plaintiff nor balance of convenience can be said to be in her favour. No irreparable injury was being caused if construction was made on the property, as the appellant would be constructing the house at his own risk and cost and if at all ultimately the suit would have been decreed in favour of the plaintiff, the constructed portion could have been handed-over to the plaintiff.;
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