Challenge in this writ petition is to the order dated 11th October, 2004, whereby the Civil Judge (Jr. Division), Shahpura (Jaipur) dismissed the application filed by the petitioner-defendant under Section 36 of CPC.
Having heard the learned counsel for the parties and carefully perused the relevant material on record, it is noticed that the plaintiff filed a suit for prohibitory and mandatory injunction before the trial court against the petitioners-defendants. During the pendency of the suit, the petitioners-defendants moved an application under Order 7 Rule 11 of CPC, which was dismissed by the learned trial court vide order dated 11.8.2003 Thereafter the petitioners-defendants moved another applicatin under Section 36 of CPC, while the the plaintiff-respondents moved an application under section 151 of CPC for dismissal of the application filed under section 36 of CPC. The learned trial court dismissed the application filed under Section 36 of CPC observing that the said application was filed with a view to procrastinate the compliance of the order passed by the Court and the court had inherent powers under Section 151 of CPC for getting the compliance done of its order.
The learned trial court is found to have rightly dismissed the application filed by the defendant-petitioner. I am in unison with the findings arrived at by the learned trial court and in view of above, the writ petition filed by the petitioner being bereft of any merit deserves to be dismissed, which stands dismissed accordingly.
Consequent upon the dismissal of writ petition, the stay application, filed therewith, does not survive and that also stands dismissed.
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