ORDER 1. Appellant is aggrieved by the order dated 20.7.2016 passed in Civil Appeal No.50-A/2016 before the Court of Second Additional Sessions Judge, Gwalior. Whereby an application under section 151 of CPC moved by the present appellant has been rejected. 2. The brief facts leading to the present case are that the present appellant has filed a suit for declaration and permanent injunction. In the said suit, an application moved by the defendant under Order 7 rule 11 was allowed vide order dated 8.7.2016 by the Court of 7th Civil Judge Class-2 Gwalior. Being aggrieved by the said judgment and decree, the first appeal has been filed by the appellant before the Court of Additional District Judge, Gwalior along with the said appeal, an application under section 151 of CPC was moved seeking relief that plaintiff/appellant is in possession of the suit property and the defendant be restrained from interfering in the possession of the suit property. 3. Learned Second Additional District Judge, Gwalior has noted that on 13.3.2015, an application moved by the appellant under Order 39 rules 1 and 2 read with section 151 of CPC was dismissed by the trial Court and no miscellaneous appeal was filed against the said order of rejecting the application under Order 39 rules 1 and 2. It has also come on record that since the said application was dismissed after giving liberty of hearing to the party and no steps were taken to challenge the said order. Now, after dismissal of the suit on application under Order 7 rule 11 being allowed in miscellaneous appeal, the Miscellaneous Appeal 829/2016 appellant is not entitled to the relief of maintenance of status quo. 4. Learned Court has distinguished the law laid down in the case of Vijayaraje Scindia v. Jyotiraditya Scindia and others, as reported in 1994 JLJ 6 . 5. Learned counsel for the appellant has placed reliance on the judgment of Supreme Court in case of Pawan Kumar Gupta v. Rochiram Nagdeo, as reported in 2000(1) Vidhi Bhasvar 60, to bring home the issue that the property in question is not hit by the provisions of Benami Transaction (prohibition) Act, 1988 and, therefore, the first appellate Court has wrongly interfered in its discretionary jurisdiction under section 151 of CPC. 6. 6. Appellant's counsel has taken lots of pain to persuade this Court though order passed in Writ Petition No.1981/2015, wherein, this Court was pleased to direct not to disconnect the electric connection installed in House No.25/603, Baijal Kothi, Morar. It is also submitted that it is an admitted position that the appellant is in possession of the suit property and therefore, Court should exercise its jurisdiction. 7. In the present case, it is apparent that the suit has been filed for declaration and permanent injunction and the registered owner of the said property is the defendant and on the basis of such pleadings, appellant has sought relief of not dispossessing the appellant from the suit property. 8. This fact has not been disputed that on 13.3.2015. An application under Order 39 rules 1 and 2 was dismissed by the trial Court after initially ordering for maintenance of status quo for 17 months. The appellant did not file any proceeding against the said order and now after dismissal of the suit, in appeal sought injunction which was dismissed by Learned Second Additional Sessions Judge, Gwalior. Under section 151 of CPC inherent powers of the Court are to be exercised for exercise of inherent powers, there should be sufficient material before the Court to mitigate the possible injustice to a party. 9. In the present case, when the appellant has herself slept over her rights since March, 2015, when an application under Order 39 rules 1 and 2 was dismissed, the Second Additional District Judge has rightly not exercised its jurisdiction under section 151 of CPC. Accordingly, this miscellaneous appeal fails and is dismissed. Appellant shall be however free to argue application under Order 39 rules 1 and 2 of CPC, which shall be decided without being influenced by the order of this Court. R. K. Soni for appellant.