JUDGMENT : S.C. Mohapatra, J. - Heard learned Counsel for both the parties. Notice of final disposal at the time of admission was given. 2. Defendant No. 2 filed an application for restraining Appellants from constructing house over the roof of the pucca houses situated in Cuttack Town or changing nature of such property. Trial Court having passed an order of temporary injunction, this appeal has been filed. 3. Suit is for partition. While Plaintiff claimed that suit property is joint, Appellants claimed that there has been a partition by metes and bounds. 4. As regards construction, admittedly, houses are in Cuttack town to which are the Orissa Municipal Act and the Development Authority Act are applicable. Under those Acts, permission is necessary for construction. No permission has been claimed by Appellants. In that view of the matter when the Appellants cannot make any construction without violating the law, there would be no prejudice to them by granting temporary injunction. Mr. A.K. Rao, learned Counsel for the claimants submitted that in fact of temporary injunction, application for permission would not be granted and delay in construction would put them to unnecessary expenses which would be irreparable since inconvenience in enjoyment of property belonging to them cannot be compensated. According to Mr. Rao, this is a qubterfuge to harass the Appellants. 5. I need not examine the question at this stage. When law prohibits a person to construct in a Municipal area, restraint by Trial Court reiterating the legal provision cannot be said to be bad either on fact or in law. I may, however, make it clear that there is no impediment for the Appellants to apply for permission on account of the temporary injunction and statutory authorities are free to consider the question of permission without being influenced by the order of temporary injunction. In the interest of justice, Appellants shall intimate the Trial Court details of such application before the statutory authorities so that other parties can get opportunity to contest the application by the Appellants before the statutory authorities. The same would also be applicable in case any other party makes such application. 6. In the interest of justice, Appellants shall intimate the Trial Court details of such application before the statutory authorities so that other parties can get opportunity to contest the application by the Appellants before the statutory authorities. The same would also be applicable in case any other party makes such application. 6. On getting the-permission Appellant or any of the parties may move the trial Court to reconsider the question of injunction take into consideration the prima facie case, balance of convenience and irreparable injury to be caused which shall be considered oh its own merits without being influenced that order of temporary injunction has been confirmed in this appeal. 7. In the result, subject to aforesaid directions, appeal is dismissed. No costs. Trial Court shall take steps for expeditious trial of the suit. Final Result : Dismissed