Mohit Shah, J.

This appeal is directed against the Judgment and Order dated 4th October, 2012 of the learned Single Judge of this Court, by which the learned Single Judge has restrained the appellant by a temporary injunction, pending hearing and final disposal of the suit bearing Regular Civil Suit No.24/2012/B pending before the Court of Civil Judge, Jr. Division at Ponda, from carrying out any construction activity in the suit property bearing Survey No.57/10 of Village Orgao, Ponda Taluka, subject to the respondent herein (original plaintiff) depositing before the trial Court a sum of Rs.1.00 lakh. There is no dispute about the fact that the sum of Rs.1.00 lakh has been deposited by the plaintiff in compliance with the aforesaid condition, stipulated by the impugned Judgment. The deposit of Rs.1.00 lakh is subject to further orders to be passed in the suit.

2. Learned Counsel appearing for the appellant (original defendant) sought to raise various contentions, on merits of the dispute and submitted that undue hardship is being caused to the appellant/defendant by the impugned order of injunction. The learned Counsel for the respondent/plaintiff has, however, raised a prel