Subsequent developments can render an initial application for temporary injunction infructuous.

JUDGMENT :

The present case is taken up today through Video conferencing.

2. The present Civil Miscellaneous Petition has been filed for the following reliefs:

(a) For quashing the judgment dated 21.01.2021 (Annexure-11 to the writ petition) passed by the Principal District Judge, East Singhbhum at Jamshedpur in Civil Miscellaneous Appeal No. 03 of 2018 whereby the said appeal filed against the order dated 04.01.2018 passed by the Civil Judge (Sr. Division)-I, Jamshedpur in T(P)S No. 222 of 2016 rejecting the petitioners’ application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the Code of Civil Procedure (CPC) in T(P)S No. 222 of 2016 seeking grant of temporary injunction, has been dismissed.

(b) For quashing the order dated 04.01.2018 (Annexure-4 to the writ petition) passed by the Civil Judge (Sr. Division)-I, Jamshedpur in Title(Partition)Suit No. 222 of 2016 whereby the application filed by the petitioners under Order XXXIX Rules 1 and 2 read with Section 151 of CPC seeking grant of temporary injunction has been rejected.

(c) Upon quashing of the judgment dated 21.01.2021 and order dated 04.01.2018, for issuance of direction upon the respondent and others to restrain them from alienating/carrying construction work in relation to the properties mentioned in Schedule ‘A’ and ‘B’ of the plaint filed in Title (Partition) Suit No. 222 of 2016 during the pendency of the suit.

3. Having heard the learned counsel for the parties and on perusal of the record, it emerges that the petitioners/plaintiffs filed an application on 15.05.2017 under Order XXXIX Rules and 1 and 2 read with Section 151 of C.P.C. before the original court in T(P)S No. 222 of 2016 seeking temporary injunction restraining the defendant from making any construction over the Schedule ‘B’ suit property till disposal of the said suit and for directing him to maintain status quo over the said property. The said application of the plaintiffs/petitioners was rejected by the original court vide order dated 04.01.2018. Aggrieved therewith, the petitioners preferred Civil Miscellaneous Appeal No. 03 of 2018 before the Principal District Judge, East Singhbhum, Jamshedpur. During pendency of the said miscellaneous appeal, the petitioners came to know that the suit land was transferred by the defendant in the name of Halim Ahmad and thereafter he was also made defendant in the said suit vide order dated 09.05.2019. Subsequently, the petitioners filed another application on 06.09.2019 under Order XXXIX Rules 1 and 2 read with Section 151 of CPC seeking temporary injunction against the defendant no. 2-Halim Ahmad from changing the nature of the entire suit property i.e. Schedule ‘A’ property by making any further construction over the same as well as for directing the said defendant to maintain status quo over the Schedule ‘A’ property. The said application was also rejected by the original court vide order dated 09.12.2019. Thereafter, the petitioners aggrieved with this order, filed another appeal before the Principal District Judge, East Singhbhum, Jamshedpur which was registered as Civil Miscellaneous Appeal No. 20 of 2019. Both the miscellaneous appeals i.e. Civil Miscellaneous Appeal No. 03 of 2018 and Civil Miscellaneous Appeal No. 20 of 2019 were dismissed by the Principal District Judge, East Singhbhum, Jamshedpur vide impugned judgment dated 21.01.2021.

4. According to the learned counsel for the petitioners, two civil miscellaneous petitions including the present one have been filed by the petitioners before this Court primarily for the reason that both the appeals filed by them against the orders of the original court i.e. 04.01.2018 and 09.12.2019 rejecting the petitioners’ application filed under Order XXXIX Rules 1 and 2 read with Section 151 of the CPC, have been dismissed by the Principal District Judge, East Singhbhum, Jamshedpur vide common judgment dated 21.01.2021 passed in Civil Miscellaneous Appeal No. 03 of 2018 along with Civil Miscellane