ORDER

1. By this petition preferred under Article 227 of the Constitution of India, the petitioner/defendant has challenged the order dated 12/7/2023 passed by the Court below whereby the application preferred by him under Section 151 of the CPC has been rejected.

2. The plaintiff / respondent had instituted a civil suit in which an order of temporary injunction was passed on 27/9/2016. The civil suit eventually came to be dismissed by judgment dated 30/11/2018. Alleging breach of the injunction order dated 27/9/2016 proceeding under Order 39 Rule 2-A of the CPC has been initiated by the plaintiff. Therein an application under Section 151 of the CPC was filed by the defendant submitting that since the civil suit has itself been dismissed, the injunction order has lost all its efficacy hence the proceeding deserves to be terminated.

3. The application has been rejected by the Court below by observing that only for the reason that the original civil suit has been decided against the plaintiff the present proceeding cannot be terminated since the same is as regards violation of the order of temporary injunction and can very well be proceeded with even upon dismissal of the suit.

4 . Lear