MOHD SARBAR Vs. SONU VISHWAKARMA

JUDGEMENT

(1.) HEARD on the question of admission.

(2.) THE petitioners have filed this petition being aggrieved by order dated 12.11.2013 whereby the court below has granted interim injunction and directed the parties to maintain status quo and the order dated 17.2.2014 rejecting the application for modification of the stay order.

(3.) IT is submitted by the learned counsel for the petitioners that in the suit filed by respondent nos. 1 to 3 the court below by order dated 12.11.2013 has confirmed the order of interim injunction granted earlier directing the parties to maintain status quo and not to undertake any further construction activities. The petitioners, thereafter filed an application under section 94 Read with Section 151 CPC, for modification of the said order which application has been rejected on 17.2.2014. It is further submitted that the petitioners are bonafide purchasers and have commenced construction on the land in dispute, however in view of the interim order of injunction passed by the court below, the petitioners are unable to construct the slab. The learned counsel for the petitioners submits that the petitioners are willing to give an undertaking that in case they are permitted to undertake construction on the land and thereafter the suit is ultimately allowed, the petitioners would demolish the construction undertaken by them and shall hand over vacant possession. It is submitted that inspite of the aforesaid undertaking, the court below has rejected the application of the petitioners for modification.