ANIL KUMAR,J. - (1.) HEARD Sri S.M.Nasir, learned counsel for the applicant and Sri Sunil Kumar Singh and Sri G.C. Verma, learned counsel for the respondent.
(2.) FACTS in brief in the present case are that initially applicant -plaintiff filed a Suit for permanent injunction in respect to Plot No. 1145 area 12 Vishwa 30 Viswansi situated in the District Barabanki, Fatehpur registered as Suit No. 482 of 1992(Mohd. Usman Vs. Dr. Satyavan) in the court of IIIrd Additional Civil Judge, Barabanki.
(3.) IN the said Suit, an application for grant of temporary injunction under Order XXXIX Rule 1 C.P.C. has been moved by the applicant -plaintiff, granted on 12.09.1993 but vacated on 30.11.1998. Aggrieved by the said order, the applicant filed, interim injunction granted on 23.12.1998 by appellate authority. Subsequently, appeal dismissed by order dated 21.08.2009. Thereafter, the applicant approached this Court by filing the Writ Petition No. 3157(MS) of 1999 and on 24.11.1999, an interim order was passed in favour of the petitioner -applicant, till the Suit is decided, the opposite parties are directed to maintain status quo as exists today. Further, the Suit No. 482 of 1992 filed by the applicant for permanent injunction was dismissed. He filed a Regular Civil Misc. Appeal No. 35 of 2001(Mohd. Usman Vs. Dr. Satyavan), dismissed vide judgment and decree dated 11.08.2003 passed by Additional District Judge, Court no. 10, Barabanki. Applicant for redressal of his grievances approached this Court by filing second appeal under Section 100 C.P.C. registered as Second Appeal No. 246 of 2003 in which initially on 08.09.2003 an interim injunction order has been passed, the operative portion of the same is as under : - "During the pendency of the appeal the parties shall maintain stautus quo as of today with regard to the disputed land." Again, a Civil Misc. Application No. 3017 of 2005 was moved on 08.03.2006, an injunction/interim order has been granted, the relevant portion is as under : - "In the circumstances, the order dated 27.05.2004 , is hereby recalled. The possession of the appellant from over the property in question shall not be disturbed." ;