Manoj Kumar Gupta, J. - (1.) The petitioners have approached this Court challenging the order dated 4 March 2013 passed by the Additional Civil Judge (Sr. Div.), Court No. 4, Meerut in Original Suit No. 831 of 2007 whereby, the trial Court has held that the application filed by the defendant Paper No. 204 Ga for rejecting the plaint under Order 7, Rule 11 CPC, shall be heard before deciding the application for temporary injunction, as well as the order dated 17 April 2015 passed by the Additional District Judge, Court No. 11, Meerut, dismissing the Civil Revision No. 59 of 2013.
(2.) The trial Court while holding that application 204 Ga filed by the defendant under Order 7, Rule 11 CPC, shall be heard before deciding the application for temporary injunction, has relied on the judgments of this Court reported in 2008(1) ARC 33 and 2006(24) LCD 920. The Revisional Court has held that the order of the trial Court is interlocutory in nature and has consequently dismissed the revision.
(3.) Learned counsel for the petitioners submitted that initially an order of temporary injunction was passed in favour of the petitioners on 18 May 2009. Subsequently, the application filed by the defendants under Order 39, Rule 4 CPC was rejected by the trial Court by an order dated 28 October 2011. The aforesaid order was affirmed with the dismissal of the appeal by order dated 26 July 2012. Challenging these orders, the defendants preferred Civil Misc. Writ Petition No. 40340 of 2012, which was allowed by this Court by order dated 25 September 2012 and the orders dated 28 October 2011 and 26 July 2012 were set-aside. The trial Court was directed to decide the application filed by the defendants under Order 39, Rule 4 CPC expeditiously, within a period of three months. It is submitted that thereafter, the trial Court misconstruing the directions contained in the judgment of this Court dated 25 September 2012 passed an order on 20 December 2012, vacating the injunction order dated 18 May 2009. Since thereafter, the defendants have executed several sale deeds with regard to the suit property. It is further urged that the application under Order 7, Rule 11 CPC has been filed by the defendants with the object of delaying the disposal of the application for temporary injunction. It is submitted that the trial Court be directed to decide the injunction application and the application under Order 7, Rule 11 CPC simultaneously within a fixed time frame.;