Civil Procedure Code, 1908 – Order XXXIX Rules 1 & 2 – Temporary injunction – Appeal proceedings – Property already alienated prior to filing of suit – Petition seeking injunction restraining alienation – Lower Appellate Court dismissed application on ground that property had already been sold to third parties in the year 2003 – Held, when property was already alienated long prior to institution of suit, injunction restraining respondents from alienating such property does not arise – Further, purchasers were not impleaded as parties – Order refusing injunction justified. (Paras 6–8)

advocatemmmohan

Civil Procedure Code, 1908 – Order XXXIX Rules 1 & 2 – Temporary injunction – Appeal proceedings – Property already alienated prior to filing of suit – Petition seeking injunction restraining alienation – Lower Appellate Court dismissed application on ground that property had already been sold to third parties in the year 2003 – Held, when property was already alienated long prior to institution of suit, injunction restraining respondents from alienating such property does not arise – Further, purchasers were not impleaded as parties – Order refusing injunction justified.

(Paras 6–8)

---

Civil Procedure Code, 1908 – Order XXXIX Rules 1 & 2 – Temporary injunction – Necessary parties – Property sold to third parties prior to suit – Purchasers not impleaded – Injunction order would not bind such purchasers – Petition seeking injunction without impleading purchasers not maintainable.

(Paras 6–7)

---

Civil Procedure – Temporary injunction – Alienation during pendency of suit or appeal – Transactions by co-sharer in joint family property – Rights of purchaser limited to share of vendor – Any transaction during pendency of suit or appeal subject to result of litigation – Doctrine akin to lis pendens.

(Para 6)

---

Civil Procedure – Appellate jurisdiction – Order of lower appellate Court refusing temporary injunction – Interference by High Court – When order does not suffer from perversity or legal infirmity, High Court will not interfere.

(Para 7)

---

Civil Procedure – Appeal against interlocutory order – Expedite disposal of main appeal – High Court directing lower appellate Court to dispose of appeal within stipulated time.

(Para 8)

---

RESULT

Civil Miscellaneous Appeal Dismissed –
Order dated 16-04-2024 in I.A. No.19 of 2024 in A.S. No.3 of 2024 on the file of the II Additional District Judge, Kurnool at Adoni refusing temporary injunction confirmed – Lower appellate Court directed to dispose of the appeal as expeditiously as possible, preferably within one year – No costs.
(Para 8)