AI Structured Summary
Not yet generated for this judgment
Judgment
H.P. Sandesh, J
Heard the learned counsel for the appellants and learned counsel for the respondents.
This miscellaneous first appeal is filed being aggrieved by the order passed by the Trial Court, wherein a restrain order has been passed restraining the plaintiffs from removing the trees and crop in respect of item No.2 of the suit schedule properties and also not to do any activities surrounding the said property.
It is the claim of the plaintiffs that already areca nut and coconut trees are cultivated in item No.2 of the suit schedule properties and the order passed is restraining the plaintiffs from removing areca nut and coconut trees and not the crops. It is also submitted that suit is filed for the relief of declaration and partition and with regard to removal of crop is concerned, the restraint order requires no interference. Hence, for the limited purpose, this miscellaneous first appeal requires to be allowed. The judgment of the Trial Court is modified, insofar as the crop is concerned, since both the counsel for the parties submit that almost evidence is completed and matter is at the fag end of consideration of the main appeal on merits. Hence, the restraint order passed with regard to removal of crop and cultivation is set aside.
Accordingly, this miscellaneous first appeal stands disposed of.