Mr. K.Kannan, J.: (Oral) ­ CM No.13433-C of 2015

For the reasons stated in the application, delay of 138 days in filing the appeal is condoned.

Application stands disposed of.

Regular Second Appeal No.5564 of 2015 (O&M)

1. The second appeal is at the instance of the defendant who has been restrained from putting up further construction in the property which he is in possession of. Admittedly, the defendant is not the exclusive owner of the property of which he is in possession of but co-owner with the plaintiff. It would appear that the proceedings of partition are also pending before the revenue authorities. The defendant’s contention is that he cannot be prevented from putting up construction and the remedy for the plaintiff is only to sue for partition. The courts below have allowed for an injunction to be issued from putting up further construction and the defendant has challenged the correctness of the order and placed reliance on the judgment of this court in M/s DCM Shriram Consolidated Limited Versus Jai Singh-AIR 2007 (Punjab) 17. The counsel would also make reference to Section 41(h) of the Specific Relief Act to contend that efficacious remedy would be only to s