HEMWATI LOKMANI Vs. SANJEEV KUMAR

JUDGEMENT

(1.) THIS writ petition has been filed for issue a writ, order or direction setting aside the order dated 16-1-2008 passed by respondent no. 4 (Annexure No. 11 to the writ petition) whereby the application, paper no. 37-C moved by the petitioners under Section 151 of the C. P. C. in Civil Appeal No. 18 of 2007 Smt. Hemwati and others Vs. Sanjeev Kumar and others has been allowed conditionally. It has been directed that the status quo order is extended with the condition that the appellants shall not try to prolong the proceedings and if any adjournment is taken by them in future, the status quo order shall automatically come to an end.

(2.) THE contention of the learned counsel for the petitioners is that a suit for permanent injunction and cancellation of sale deed was filed by the petitioners against the contesting respondents. Written statements were filed by respondent nos. 1 and 2 and by respondent nos. 3 separately. Initially the application for temporary injunction was allowed ex parte, but finally the application for temporary injunction was rejected on merits vide order dated 9-5-2007.

(3.) DURING the pendency of the civil suit, the defendant-respondent nos. 1 and 2 had sold the disputed land by registered sale-deeds to third persons, hence the petitioners moved an application under Order 1, Rule 10 (2) along with Order 6, Rule 17 of the C. P. C. Respondents no. 1 to 3 has not filed any objection the same. The grievance of the petitioners is that the trial court without deciding the application under Order 1, Rule 10 (2) C. P. C. , has decided the temporary injunction application first.