RAMANUJAM

This appeal arises out of an order passed by Mohan J. in CMP 17787 of 1983 in AAO 869 of 1983, refusing to grant injunction as prayed for by the appellants therein. The said C. M. A. arose out of an order dated 30-11-1983 passed by the trial court in I. A. 239 of 1983 in O. S. 65 of 1983, on the file of the Sub Court, Krishnagiri, refusing to grant injunction pending disposal of the suit O. S. 65 of 1983 for partition. In the said C. M. A. 869 of 1983, the plaintiffs in O. S. 65 of 1983 questioned the order of the trial Court refusing to grant injunction restraining the defendants therein from putting up constructions in the suit property bearing survey No. 263 and measuring 5.38 acres. According to the plaintiffs, the sixth defendant in the suit who is the respondent herein, though has purchased only 2/3 share in the suit property, is putting up huge constructions in the entirety of the suit property without actually having his 2/3rd share divided by metes and bounds. The trial court, however, refused to grant injunction on the ground that there is no prima facie case made out for the grant of injunction pending the suit. The order was challenged before this c