SBCMA No.2558/2007 Smt. Shanta Ben Prajapat & Anr. Vs. Madan Lal & Anr. 1 SBCMA No.2558/2007 Smt. Shanta Ben Prajapat & Anr. Vs. Madan Lal & Anr. DATE OF ORDER : - 15.12.2008 HON'BLE MR. PRAKASH TATIA, J. Mr. Sandeep Shah, for the appellants. Mr. Suresh Shrimali, for the respondents. <><><> Heard learned counsel for the parties. The respondents sought injunction against the appellants that they should not interfere in the possession of the respondents, upon which the trial court granted ad interim injunction vide order dated 26th Nov., 2007 and restrained the appellants from interfering in the possession of the defendants over the property in dispute and further ordered that in case the appellants-defendants have put locks over the property in dispute then they should remove the locks within three days. During the pendency of this appeal, according to learned counsel for the respondents, the possession was delivered to the respondents and, thereafter, under some SBCMA No.2558/2007 Smt. Shanta Ben Prajapat & Anr. Vs. Madan Lal & Anr. 2 agreement, the respondents have also redelivered the possession to the appellants. However, according to learned counsel for the respondents there is contempt petition pending in the trial court for violation of the interim order dated 26th Nov., 2006 filed by the respondents against the appellants. Since the original cause of action for filing the injunction application was for seeking the prohibitory injunction against the appellants that they should not interfere in the possession of the respondents and during the pendency of this appeal, if the respondents themselves have handed over possession of the property to the appellants then the original cause of action so far as seeking relief of injunction either prohibitory or mandatory has come to an end and, therefore, the original injunction application itself has become infructuous. So far as other matters are concerned, that can be brought to the notice of the trial court where the trial court will pass appropriate order either in terms of the settlement between the parties or on merits as the facts may require to do. SBCMA No.2558/2007 Smt. Shanta Ben Prajapat & Anr. Vs. Madan Lal & Anr. 3 In view of the above reason, the present appeal is allowed and order dated 26th Nov., 2007 is set aside and it is held that the original application of injunction filed by the respondents has become infructuous. (PRAKASH TATIA), J. c.p.goyal/-