SBCWP No.2700/2009 Sanjay Kumar & Anr. Vs. Kem Chand 1 SBCWP No.2700/2009 Sanjay Kumar & Anr. Vs. Kem Chand DATE OF ORDER : - 1.4.2009 HON'BLE MR. PRAKASH TATIA, J. Mr. Manish Vyas, for the petitioner. <><><> Heard learned counsel for the petitioner. The petitioner's injunction application was dismissed by the trial court, against which, the petitioner preferred appeal before the appellate court. In the appellate court, he submitted an application under Section 151 CPC seeking permission to complete the floor and fix the windows. That application was dismissed by the first appellate court dated 5th March, 2009, hence, this writ petition has been preferred by the plaintiff-appellant-petitioner. Learned counsel for the petitioner submitted that in case the interim order will not be passed, the petitioner- appellant's property will be damaged seriously. I do not find any reason to interfere in the order dated 5th March, 2009 passed by the first appellate court by which the petitioner sought permission to complete the floor and SBCWP No.2700/2009 Sanjay Kumar & Anr. Vs. Kem Chand 2 put the doors and windows for the property in dispute because of the plain and simple reason that any appeal arising out of the injunction order is required to be decided expeditiously and the trial court can be requested to decide the appeal expeditiously within a period of two months from the date of submission of the copy of this order by the petitioner to the first appellate court. There is no reason to pass any interim order so as to alter the position of the property in dispute for such a short period because any order if will be passed in this writ petition, will operative only upto the period of appeal of the petitioner-appellant before the first appellate court, which is arising out of the order passed under Order 39 Rule 1 & 2 CPC. Hence, the writ petition of the petitioner is dismissed with the direction to the first appellate court to decide the appeal expeditiously within a period of two months. The petitioner shall submit the copy of this order before the first appellate court. (PRAKASH TATIA), J. c.p.goyal/-