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Judgment
Gurpal Singh Ahluwalia, J
This petition under Article 227 of Constitution of India has been filed seeking following relief(s)
(i) To grant Relief in the nature of Injunction by restraining the respondent to raise any construction on the disputed portion of the suit land bearing Khasra no 296, Rakwa 0.17 Decmil situated at Mauja Venkatnagar, District- Annupur (M.P) till adjudication of the application U/O 39 Rule 1 & 2 preferred by petitioner in Civil Appeal No10/2024.
(ii) To grant any other relief deemed just and proper in the facts and circumstances of the case.
It is submitted by counsel for petitioner that petitioner had filed a Civil Suit and temporary injunction order was granted by the Trial Court. However, said order was set aside by the Appellate Court. The order of Appellate Court was assailed by petitioner by filing M.P. No.4336/2018 which was disposed of by Co-ordinate Bench of this Court by order dated 26/09/2023 and the Trial Court was directed to expedite the hearing of the suit and till then parties were directed to maintain the status quo. Thereafter, Trial court has dismissed the suit filed by petitioner, against which Civil Appeal under Section 96 of CPC is pending. Petitioner has also filed an application under Order 39 Rule 1 & 2 CPC before the Appellate Court, which is pending. However, respondent is proceeding further at a swift pace for construction of building. Therefore, it is prayed that this Court may direct the parties to maintain the status quo and respondent may be restrained from raising any construction on the disputed land till adjudication of the application under Order 39 Rule 1 & 2 CPC.
Heard learned counsel for the petitioner.
Order 39 Rule 3 CPC provides that the Court can grant injunction without giving notice of application to the opposite party.
It is not the case of the petitioner that petitioner had ever filed any application under Order 39 Rule 3 CPC. However, it is fairly conceded by counsel for petitioner that respondent has already entered his appearance in Civil Appeal No.10/2024.
Once application filed under Order 39 Rule 1 & 2 CPC is pending before the Appellate Court, then no case is made out for initiating parallel proceedings afor the same purposes.
Accordingly, petition is dismissed with liberty to the petitioner to pursue his application filed under Order 39 Rule 1 & 2 CPC.
It is made clear that since this Court has not considered the merits of the case, therefore Appellate Court should not get influenced or prejudiced by dismissal of this petition and shall decide the application strictly in accordance with law as per the material available on record.