SUDHA KARJEE Vs. SHAILBALA SAHI

JUDGEMENT

(1.) WITH consent of the parties, this appeal was heard along with I.A. No. 9816 of 1999 for final disposal.

(2.) THIS appeal is directed against part of the order dated 27.3.1999 passed in Partition Suit No. 87 of 1994, whereby learned Subordinate Judge V, Muzaffarpur has rejected the petition dated 8.3.1999 filed on behalf of the plaintiff to restrain the defendants by an order of temporary injunction from selling the land detailed in Schedule I of the plaint and also from getting the trees cut till the disposal of the suit.

(3.) IT appears that earlier also the plaintiff filed injunction petition on 15.9.1994 and defendants filed show cause on 30.9.1994, but it was never moved and finally on 12.11.1997 on agreement of both the parties that the suit itself be heard the plaintiff 'slawyer did not press the petition for injunction because the suit was ready for hearing and accordingly, injunction petition was rejected as not pressed. The hearing of the suit started on 14.12.1998 and after examination of eight witnesses, plaintiff filed time petition on 28.1.1999. The plaintiff again filed present petition on 8.3.1999 for the aforementioned relief, which has been rejected by the impugned order. The Court found that the plaintiff deliberately delayed disposal of the suit otherwise the suit itself would have been disposed of earlier. The Court also found that no prima facie case is made out on behalf of the plaintiff and that the balance of convenience does not lie in favour of the plaintiff. Regarding irreparable loss the Court found that the law of lis pendens is there to guard the interest of a party to the suit and also that the plaintiff is not going to suffer any loss or injury which cannot be compensated in terms of money.