Smt. Rukhsana Parveen And 8 Others v. Civil Judge Mohanlalganj (S.D.) Lko. And 9 Others

Petitioner :- Smt. Rukhsana Parveen And 8 Others Respondent :- Civil Judge Mohanlalganj (S.D.) Lko. And 9 Others Counsel for Petitioner :- Arvind Razdan, Ankur Razdan Counsel for Respondent :- Namit Sharma Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the petitioners.

The present petition has been filed with the following relief: "to pass order or direction in favour of the petitioners and against the opposite parties thereby ordering the opposite party No.2 and 3 not to carry out any activity, whatsoever, over the property in question, mentioned in para 4 above, and to maintain status quo over the same till the final disposal of application (C-194) of the petitioners under Section 151 C.P.C. in R.S. No. 63/2005 (Niaz-ullah Vs. Nagar Nigam Lucknow and others) pending before the opposite party No.1"

The contention of learned counsel for the petitioner is that he is the defendant in the Suit and has filed an application 151 C.P.C. for interim relief, he admits that no injunction application under Order XXXIX Rule (1) (2) of C.P.C. has been filed. He contends that the court is well empowered to pass injunction order under Section 151 C.P.C. Reliance is place upon the judgment in the case of Shiv Ram Singh Vs. Mangara 1988 0 AWC 1459 as well as the judgement of this Court in the case of Amina Begam Vs. State of U.P. and others 2020 (1) JCLR 750.

Analyzing the two judgments, the court has not held that even where specific power of grant of injunction is prescribed in C.P.C., it is open for the party to the Suit to by pass the same and to only file an application under Section 151 C.P.C., Section 151 C.P.C is a statutory provision and is to be exercised for the interest of justice. In the absence of any injunction application being filed, the relief as prayed cannot be granted.