LATA BAI Vs. GEETA BAI

JUDGEMENT

(1.) Heard.

(2.) The plaintiffs/respondents No. 1, 2 and 3 have filed the Civil suit under Ss. 34, 36 and 22 of Specific Relief Act, 1963 seeking partition of the suit property and also for injunction. The application under Order 39 Rule 1 and 2 of C.P.C. was also moved by the plaintiffs before the learned trial Court. After due consideration, the learned trial Court vide order dtd. 20/1/2020 restrained the defendants from creating third party interest, by alienating the suit property. Order passed by the trial Court dtd. 20/1/2020 was challenged before the lower appellate Court and vide order dtd. 19/4/2022, the lower appellate Court dismissed the appeal preferred by the petitioners herein.

(3.) Learned counsel for the petitioners submits that an application under Order 7 Rule 11 of C.P.C. was moved on 29/8/2019 and same is still pending whereas, application under Order 39 Rule 1 and 2 of C.P.C. was moved along with plaint on 4/10/2016.