AI Structured Summary
Not yet generated for this judgment
Judgment
Sanjay Dwivedi, J
By the instant petition, the petitioner is challenging the order dated 22.12.2020 (Annexure-P/1) passed by the Court below rejecting the application
filed under Section 151 of C.P.C. asking injunction against th defendants/respondents saying that during the pendency of the suit they be restrained
from alienating the property in question.
On earlier occasion, the application filed by the plaintiff/petitioner under Order 39 Rule 1 & 2 of CPC was entertained and the trial Court granted
injunction in favour of the plaintiff but lateron appeal was preferred and that order was reversed, against which, a writ petition was filed and the same
was dismissed by the High Court directing the trial Court to conclude the trial within 10 months. However, the trial could not be concluded in the
stipulated time, therefore, application under Section 151 of CPC was filed, which was rejected by the trial Court saying that there is no change of
circumstance and earlier application under Order 39 Rule 1 & 2 CPC since dismissed, no further application under Section 151 of CPC granting
injunction in favour of the plaintiff can be entertained.
I do not find any infirmity and illegality in the impugned order passed by the Court below.
The petition being without any substance, is hereby dismissed.
However, the trial Court is further directed to conclude the trial expeditiously within a period of one year.