P. R. GOKULAKRISHNAN, J.

( 1 ) THE appellant herein was the defendant in Regular Civil Suit No. 62 of 1984. The said suit was for granting mandatory injunction requiring the appellant herein to remove the construction he has put in before filing of the suit and for perpetual injunction restraining the appellant from putting any further construction and also restraining the appellant from obstructing the respondent herein from putting construction on the suit plan. It is the case of the respondent herein that the plot on which the appellant has put in construction was allotted to him by the Taluka Development Officer Dhandhuka and that inspite of that the appellant herein had constructed a wall in that plot. By application Exh. 5 in that said suit the respondent herein applied for temporary injunction restraining the appellant herein from putting any construction and also restraining him from obstructing the respondent herein in putting construction over the suit plot. On that Exh. 5 the learned trial Judge granted an interim temporary injunction. By virtue of the said injunction granted the respondent has pulled down the wall put up by the appellant herein. Ultimately the Regular Su

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