M ABDUL KAHDER Vs. M AHMED

JUDGEMENT

(1.) THE third respondent / plaintiff filed a suit for partition. During the pendency of the suit, the defendants filed I.A.No.7 to restrain the petitioner from demolishing the building. The application was dismissed. It was not challenged. Thereafter, the present application has been filed under Section 151 of CPC to restrain the respondents from constructing any new building. The Trial Court by the impugned order rejected the same. Hence, this writ petition.

(2.) ON hearing the learned counsel for the petitioner and examining the impugned order, I do not find any error committed by the Trial Court. The earlier application was filed to restrain the respondents to demolish the building. Now, the present application is filed seeking to restrain the respondents from constructing any new building in the plaint schedule property. No adequate reasons are forthcoming to allow the application. The application was rejected since almost a similar relief was sought for in the earlier application. No grounds for interference is called for. Even otherwise, any construction that is sought to be put up on the plaint schedule property will naturally be subject to the final result of the suit. The interest of the petitioner therefore will not be effected even if the defendants put up any construction. Under these circumstances, the petition being devoid of merits is dismissed.