Hon’ble S.P. Mehrotra, J.—The present Petition/Application under Article 227 of the Constitution of India has been filed, inter alia, praying for quashing/setting aside the order dated 17-1-2006 (Annexure 9 to the Petition/Application) passed by the learned IIIrd Additional District Court, Shahjahanpur.

2. It appears that the petitioner/applicant herein, as the plaintiff, filed a Suit for partition against the respondents herein, as the defendants, in regard to the properties mentioned in the plaint of the said Suit.

3. The said Suit was registered as Suit No. 377 of 1992.

4. Copy of the plaint of the said Suit has been filed as Annexure 1 to the Petition/Application.

5. It further appears that the said Suit was dismissed by the Trial Court by its judgment and order dated 26-11-1999.

6. It further appears that against the said judgment and decree of the Trial Court, the petitioner/applicant filed an Appeal being Civil Appeal No. 136 of 1999, in the Court of District Judge, Shahjahanpur.

7. It is further evident from the averments made in paragraph 7 of the Petition/Application that the said Civil Appeal No. 136 of 1999 was transferred for disposal before the IIIrd Additional District Judge, Shahjahanpur, and the said Civil Appeal is still pending before the IIIrd Additional District Judge, Shahjahanpur.

8. Copy of the Memorandum of the said Civil Appeal has been filed as Annexure 2 to the Petition/Application.

9. It further appears that during the pendency of the said Civil Appeal No. 136 of 1999, an Application dated 13-1-2000 under Order XXXIX, Rules 1 and 2 read with Section 151 of the Code of Civil Procedure was filed on behalf of the petitioner/applicant, inter alia, praying that the Respondent Nos. 5 to 10, herein, be restrained from causing any destruction to the joint House T.P. No. 367, Mohalla Mahmand, Jalal Nagar, Shahjahanpur, and from making any alteration in the said house, and from alienating the said house and its Malwa.

10. Copy of the said Injunction Application has been filed as Annexure 3 to the Petition/Application.

11. An Affidavit, sworn on 12-1-2000, was also filed in support of the said Injunction Application, copy whereof has been filed as Annexure 4 to the Petition/Application.

12. It further appears that the Lower Appellate Court passed an order dated 20th January, 2000 on the aforesaid Injunction Application thereby restraining the respondents from making any changes in the disputed house and from selling the disputed house.

13. Copy of the said order dated 20th January, 2000 has been filed as Annexure 5 to the Petition/Application.

14. It further appears that the said Civil Appeal No. 136 of 1999 was dismissed in default on 11th December, 2001.

15. It further appears that on Restoration Application filed thereafter on behalf of the petitioner/applicant, the said Civil Appeal No. 136 of 1999 was restored by the order dated 20th May, 2002.

16. It is, inter alia, averred in paragraph 11 of the Petition/Application that the petitioner/applicant all along believed that after restoration of Civil Appeal No. 136 of 1999, the injunction order dated 20th January, 2000 remained in operation, and it is submitted on behalf of the petitioner/applicant that when despite the said injunction order dated 20th January, 2000, the respondents, herein, started causing destruction and making alteration and construction in the disputed house, an application being Application No. 51-Ka, under Section 151 of the Code of Civil Procedure was filed on behalf of the petitioner/applicant.

17. Thereupon, the Lower Appellate Court (learned IIIrd Additional District Judge, Shahjahanpur) passed an order dated 16th December, 2005, inter alia, restraining the respondents, herein, from making any alteration in or sale of the disputed house till the next date fixed in the matter, namely, 25th January, 2006.

18. Copy of the said order dated 16-12-2005 has been filed as Annexure 6 to the Petition/Application.

19. It further appears tha