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2014 DIGILAW 745 (PAT)

Surya Vijoy Kumar Singh v. Robina Wasik

2014-07-07

RAKESH KUMAR

body2014
RAKESH KUMAR, J.:–Heard. 2. The present appeal has been preferred against an order dated 12.10.2004 passed in Title Suit No.90 of 2001, whereby the learned Sub-Judge-II, Patna City rejected the petition filed for injunction. In the Injunction petition, a prayer was made to restrain the Defendant 1st Set from alienating or dispose of any suit property. 3. Sri Devendra Kumar Sinha, learned Senior Counsel, who was assisted by Sri AnjaniKumar Sharan, learned counsel for the Respondents has primarily attacked on the impugned order on the point that the learned Sub Judge had rejected the injunction petition solely on the principle of res judicata. He submits that it is true that in the year 2001 also in the same suit on behalf of the appellant/plaintiff, injunction petition was filed and it was rejected. Subsequently, in the changed circumstances, again an injunction petition was filed, which has been rejected on the ground of principle of res judicata. 4. I have perused both the orders, i.e. order dated 28.09.2001 as well as order dated 12.10.2004 passed by the court below, whereby the injunction petition on both occasions filed on behalf of the plaintiff was rejected. On going through the order dated 12.10.2004, it is evident that the injunction petition was not rejected only on the ground of principle of res judicata but on merit also. Learned Sub Judge had examined the material and, thereafter, concluded not to grant injunction. Moreover, the prayer for grant of injunction was rejected long back on 12.10.2004. After lapse of such several years, it would not be appropriate to unsettle the order. However, keeping in view the fact that the suit is pending since 2001, instead of passing any positive order, it would be appropriate to dispose of the appeal with an observation that the learned Sub Judge/ court below will take steps for early disposal of the original suit i.e. Title Suit No. 90 of 2001 with further direction that the plaintiff shall render full assistance to the court below for early disposal. 5. With above observation and direction, the appeal stands disposed of. ?