- (1.) Challenge in the present petition is to the order dated 14.2.2007, passed by Additional Civil Judge (Senior Division), Samrala, whereby the application filed by the petitioners-plaintiffs for interim injunction under Order 39 Rules 1 and 2 CPC was dismissed and further to the order dated 6.6.2009, passed by Additional District Judge, Ludhiana, whereby the order dated 14.2.2007 was upheld in appeal. At the out-set, learned counsel for the parties submitted that the main suit itself having been decided on 16.1.2012, the prayer in the present petition has been rendered infructuous. Ordered accordingly.
(2.) On 22.3.2012, this court passed the following order: The present petition arises out of an application filed by the petitioner-plaintiff for interim injunction under Order XXXIX Rules 1 and 2 CPC. The suit was filed on 14.6.2006. When the learned counsel for the petitioner was asked about the status of the suit, he submitted that after the rejection of the application for interim relief by the trial court, an appeal was filed before the learned lower Appellate Court. The file of the trial court was summoned and the same was lying with the learned Lower Appellate Court for a period of more than two years till such time the appeal was decided and only thereafter the proceedings in the suit started when the file was sent back. Let a report of the court concerned be called for along with the copies of the zimni orders passed. Adjourned to 4.4.2012.
(3.) Report was received from Additional District & Sessions Judge, Ludhiana dated 27.3.2012.;