Madhya Pradesh High Court
A.L.A.S. Real Estate And Deverlopers ... vs Vinod Choudhary on 22 March, 2018
Author: P.K. Jaiswal
Bench: P.K. Jaiswal
2
(M.P. No.902/2018
)
HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
S. B.: Hon'ble Mr Justice P.K. Jaiswal
M.P. No.902/2018
A.L.A.S. Real Estate & Developers & Ors.
Vs.
Vinod Choudhary & ors.
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Shri A.K. Sethi, learned Senior Counsel with Shri Praveen
Kumar Bhatt, learned counsel for the petitioners.
Shri Brajesh Garg, learned counsel for the respondent
Nos.1 and 2.
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ORDER
(Passed on this 22nd day of March, 2018) Per P.K. Jaiswal, J.
By this miscellaneous petition, the petitioners /defendants are praying for setting aside of order dated 6/02/2018, passed in Civil Suit No.24-A/2017 by which the learned trial Court extended the undertaking furnished by the appellants at its own and directed not to alienate the property in question for a further period of three months. They are also praying for issuance of necessary direction to the learned lower Court to composite the defence if ultimately suit of the respondent Nos. 1 and 2 are dismissed.
2. Against the rejection of order of temporary injunction, miscellaneous appeal lies under Order 43 Rule 1 (d) read with Section 151 of CPC,1908 and, therefore, the miscellaneous petition under Article 227 of the Constitution of India filed by the petitioners against the order of grant of injunction by the learned trial Court (IV Additional District Judge, Ratlam) is not 2 (M.P. No.902/2018 ) maintainable.
3. The petitioners very well knew about the filing of miscellaneous appeal. As per record, miscellaneous appeal was filed on 21/02/2018, but prior to that ie. on 16/02/2018 they challenged the impugned order dated 6/02/2018 of the learned trial Court by filing a miscellaneous petition under Article 227 of the Constitutions of India.
4. The statutory appeal is provided against the impugned order dated 6/02/2018 and, therefore, the present miscellaneous petition filed by the petitioners is not maintainable and is, accordingly, dismissed.
(P.K. Jaiswal) Judge pn/ Preetha Nair 2018.03.27 18:20:04 +05'30'