S.S.NIJJAR, J. - (1.) NOTICE of motion of this application.
(2.) MR . Hari Singh Mann, Advocate accepts notice on behalf of respondent No. 1 to 5. Learned counsel for the petitioner submits that in the trial Court, the matter is pending for arguments and judgment is likely to be pronounced soon after the conclusion of the arguments. He further submits that the parties are involved in a number of cases against each other. In such circumstances, passing of the final order ought to be stayed. He relies on a Division Bench judgment of the Allahabad High Court in the case of Vidya Matri Mandir (Regd.) v. Rajinder Nath and another, 1991 Civil Court Cases 722 (Allahabad). On the basis of the aforesaid judgment, it is stated that passing of the final order by the trial Court ought to be stayed. Mr. Mann has submitted that the petitioner has failed to impress even the Supreme Court with regard to interim relief. Further proceedings were not stayed by the Supreme Court. Even in the present case no interim relief had been granted, further proceedings were not stayed.
(3.) I have considered the arguments put forward by the learned counsel. The judgment cited by Mr. Bhatti is not applicable in the facts and circumstances of this case. In the aforesaid judgment, the question before the Division Bench was as to whether an order of injunction ought to be granted restraining a co-sharer from making construction over joint property if his doing so is to the detriment of the interest of the other co-sharers. In that case two suits had been filed by the plaintiff seeking the same relief. The High Court directed the lower court to decide as to which of the suits was maintainable, and to decide the same. In the meantime, parties were directed to maintain status quo. Furthermore I do not see that there is any change in the circumstances justifying grant of interim relief at this stage, when the same was not granted when the matter was heard on two previous occasions i.e. 7.2.2000 and 30.4.2001. In view of the above, this application is dismissed. Application dismissed.;