JUDGMENT :

Re: CAN/1/2022

1. We admit the appeal.

2. As the point involved is not very complicated and for the ends of justice, we proposed to hear it out dispensing with all formalities.

3. The suit in the learned court below is for declaration of title and partition between the parties. The title to some very large portions of the suit property is hotly disputed.

4. In one of such portions, there is a mosque. The appellants/plaintiffs as well as the respondents claim title to it. Each of the two groups relies on a deed of transfer. The mosque as it stands now is a G-level structure, as submitted by learned counsel for the respondent no. 1. The first floor has been constructed, but is not complete; plastering, painting etc. work is going on.

5. In the midst of this, the respondents/ defendants have started constructing the second floor.

6. The appellants/plaintiffs seek an order of injunction from this court restraining them from making this construction.

7. The learned court below in its impugned judgment and order dated 22nd September, 2022 has, inter alia, said :

“Therefore, considering the principle of balance of convenience and inconvenience, methinks, this a fit case to refuse to gra