- (1.) Heard learned counsel for the petitioners.
(2.) This writ petition has been filed against the order dated 31.05.2011 whereby the learned trial court rejected the application filed by the petitioners-plaintiff under Section 151 CPC on 26.05.2011. Learned counsel for the petitioners-plaintiffs, Mr. Jitendra Chopra urged that even though ad-interim order was granted on temporary injunction application on 31.04.2010 directing the defendants to maintain status quo since the defendants were raising construction no the disputed site, however, the application filed by the plaintiffs on 26.05.2011 has been rejected.
(3.) Learned trial court while passing the impugned order has observed that in the reply to application under Section 151 CPC, the defendants have stated that they have not raised any construction on the disputed site. 3. Be that as it may. Since, the temporary injunction application is still pending consideration and filing of another application under Section 151 CPC was obviously misconceived and that amounted to scattering the litigation further and the parties ought to have requested the learned court below for deciding the temporary injunction application finally itself on the basis of evidence which could be placed by them. Having not done that, the application under Section 151 CPC by the petitioners has rightly been rejected by the learned court below.;