DAYA RAM PATEL Vs. RAMKISHOR PATEL

JUDGEMENT

(1.) This Petition is directed against the order dtd. 29/10/2022 passed by the Additional District Judge, Pendra Road, District Bilaspur in Misc. Civil Appeal No.19/2022 whereby, the temporary injunction granted under Order 39 Rules 1 & 2 CPC for alienation of the suit property has been vacated and extension has not been permitted.

(2.) Learned Counsel for the Petitioners submits that the Petitioner/ Plaintiffs have filed a suit for declaration and possession in which, an application under Order 39 Rules 1 & 2 CPC has also been filed, which has also been allowed and time to time, extension has been given, however, the trial Court has not extended the time period thereafter though the trial has not been concluded, which was also upheld by the impugned order. He further submits that the order impugned is not sustainable, therefore, the same may be quashed.

(3.) Shri Sahu, learned State Counsel submits that State is a formal party and Shri Rao supports the order impugned.