JUDGMENT

This Original Petition has been filed against the dismissal of I.A.No.3/2025 in A.S.No.13/2025 on the file of the Court of the Civil Judge, Punalur, which has been filed for issuance of Commission to find out the present status of the property. The petitioner is the plaintiff in a suit for injunction, which has been dismissed. A.S.No.13/2025 has been filed by the petitioner and I.A.No.3/2025 has been moved in the said appeal alleging that subsequent to the dismissal of the suit, the respondents have made alterations in the property. Petitioner wants the said aspects to be brought on record through the Commission. By Ext.P8 order, the application has been dismissed. In paragraph 4 of Ext.P8, it is stated thus-

“It is pertinent to note that the petitioners did not file any application before the trial Court which passed the decree or this Court to stay the operation of the decree as contemplated under O.41 R.5 CPC. Once the appeal is ended up in their favour and the decree is varied, reversed, set aside or modified, then they can ask for restoration of status quo ante in an application seeking restitution as provided under S.144 CPC.”

2. This is not a case where there is any