MANRAKHAN YADAV Vs. KANHAI

JUDGEMENT

(1.) INSTANT miscellaneous appeal filed under Order 43 Rule (r) of the Code of Civil Procedure, 1908 (for short 'the CPC') is directed against the order dated 12/11/2010 passed in Civil Suit No. 4 - A/2010 by the 8th Additional District Judge (F.T.C.), Durg partly allowed the appellant's/plaintiff's application filed under Order 39 Rule 1 & 2 read with Section 151 of the CPC.

(2.) BY the impugned order, the learned trial Court has partly allowed & partly rejected the appellant's/plaintiff's application for grant of temporary injunction in relation to the suit land bearing Kh. No. 483/1, area 0.60 hqtrs., restraining the respondents/defendants No. 1 & 2 for alienating the suit property for a period of 6 months from the date of the order or till the disposal of the suit, whichever is earlier.

(3.) ON the other hand, Mr. Suresh Kumar Verma, learned counsel appearing for the respondents/defendants No. 1 & 2 would submit that they are in possession of the suit land and as such, the finding of the trial Court that 0.15 hqtrs. land in possession of respondent/defendant No. 1 - Kanhai and 0.45 hqtrs. land in possession of respondent/defendant No. 2 ­ Raju Sahu. He would further submit that the order dated 12/11/2010 was operative for the period of 6 month or till the disposal of the suit, whichever is earlier and thereafter, suit could not be decided and the period of temporary injunction has expired, pursuant to which, an application was made by the appellants/plaintiffs and order dated 8/5/2012 was passed by trial Court extending the period of temporary injunction for further time of 1 years, which is also expired on 7/5/2013 and as such, the appeal has become infructuous and trial Court has rightly partly rejected the application for temporary injunction.