A. Siddalingaswamy v. B. Parvathi

A.V Chandrashekara, J.:— Heard the learned counsel for the appellant and respondent.

2. The application filed under Order 39 Rules 1 and 2 of CPC by this appellant before the Trial Court has been dismissed after contest. The main grievance of the appellant is that defendant has put up construction unauthorizedly on the basis of the rejection of the application filed for temporary injunction and the said construction has been made inspite of the order of status-quo granted by this Court.

3. If the construction so put up by the defendant is an unauthorized construction, nothing comes in the way of the appellant to seek for appropriate relief by making an application under Order 6 Rule 17 of CPC.

4. With this observation, the appeal is disposed of. It is made clear that whatever observation is made by this Court will not come in the way of Trial Court to dispose of the matter on merits.