Law: Civil Procedure Code (V of 1908)

Section: 151 , O.XXXIX, Rr. 1 , 2

Civil Procedure Code (V of 1908)---

----S.151 & O.XXXIX, Rr. 1 & 2---Additional interim order---Scope---Post remand proceedings---Appellant was aggrieved of order passed by Judge in Chambers of High Court in post remand proceedings granting additional interim order restraining raising of further construction on suit land along with an earlier ad interim order restraining creation of no third party interest---Validity---Passing orders after hearing of an application did not mean that Judge in Chambers of High Court was not empowered to pass any interlocutory order keeping in mind the interest of parties---Interim orders could be passed on tentative or partly hearing the matter and Court could also make up a mind as to what interim order would be beneficial for the parties to a litigation during pendency of application and/or suit--After remand of the matter, Judge in Chambers of High Court partly heard application and had come to a tentative conclusion that as there were so many claimants of land in question and documents were yet to be filed, therefore, no individual should be allowed to carry on construction over the subject land--Disposal of earlier appeal by Division Bench of High Court did not have any bearing on the merits of injunction application which could be decided on its own merits keeping in view three ingredients i.e. [i] prima facie case [ii] balance of convenience and [iii] irreparable loss and injury---Earlier Division Bench of High Court passed an order of not creating third party interest but at the same time did not restrict powers of Judge in Chambers of High Court to pass any other order during pendency of an application or at the time of disposing of the application--Against an earlier order of status quo which was prevailing before dismissal of injunction application, no appeal was preferred by the appellants---Division Bench of High Court declined to interfere in order passed by Judge in Chambers of High Court at present point in time, more importantly when main application itself was pending and it is expected to be decided preferably in a shortest possible time in terms of observation of Division Bench of High Court in its earlier order---Intra Court Appeal was dismissed, in circumstances.

Kishore Kumar Khaitan and another v. Praveen Kumar Singh Case No. Appeal (Civil) 1101 of 2006 distinguished.