JUDGMENT

O.P. Trivedi, J. - This petition in revision has been filed by the plaintiff Dilip Kumar who had filed a suit for injunction against the opposite party stating that the opposite party was interfering with his construction of a certain structure. During pendency of the suit the plaintiff-petitioner prayed for a temporary injunction restraining the defendant from interfering with making the construction. The opposite party's defence was that the land on which the disputed construction was put up was in his possession; that he possessed right of way on the land. The defendant also moved an application for temporary injunction against the plaintiff petitioner before the Munsif stating that the construction in dispute had been put up but the plaintiff threatened to use the same as a latrine. The trial Court grant a temporary injunction against the plaintiff also on the report of the commissioner that the disputed construction opened on the door of the defendant-opposite party. The plaintiff was restrained from making use of the construction as a latrine during pendency of the suit. Against the temporary injunction granted in favour of the defendant the petitioner appealed which