C.R.No.2790 of 2011 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH C.R.No.2790 of 2011 Date of decision: 28.4.2011 Suneel Kumar Puri ….Petitioner Vs. Assistant Registrar, Co-operative Societies, Sirhind and others ….Respondents CORAM: HON’BLE MR. JUSTICE JASWANT SINGH Present: Mr. R.K. Handa, Advocate for the petitioner. Jaswant Singh, J Plaintiff-petitioner has approached this Court under Article 227 of the Constitution for setting aside the impugned judgment dated 6.4.2011 passed by the learned Additional District Judge, Fatehgarh Sahib whereby the appeal filed by him against the impugned order dated 5.11.2009 passed by the learned Civil Judge (Sr. Division), Fatehgarh Sahib dismissing the application filed under Order 39 Rules 1 & 2 CPC has been dismissed. Briefly the facts of the case are that the plaintiff-petitioner filed a suit for permanent injunction restraining the defendants-respondents from dispossessing him of the house described in the head note of the plaint and further restraining them not to confirm the auction of the said house conducted by defendant-respondent Nos.1 & 2 in favour of defendant- respondent No.3. Alongwith the suit, an application under Order 39 Rules 1 & 2 CPC was filed by the plaintiff-petitioner seeking interim injunction but the same was dismissed by the learned trial Court vide order dated 5.11.2009. Appeal filed against the said order has also been dismissed by the learned Additional District Judge, Fatehgarh Sahib vide the impugned judgment dated 6.4.2011, hence the present petition. C.R.No.2790 of 2011 #2# Learned counsel for the petitioner argues that both the courts have committed gross error of law while declining the relief of interim injunction in favour of the plaintiff-petitioner thereby causing a grave prejudice as the plaintiff-petitioner was always ready and willing to pay the outstanding amount along with interest. It is also argued that the residential house of the petitioner was more than Rs.40 lacs but the same has been auctioned for only Rs.4,39,000/- thereby causing a great loss to the plaintiff- petitioner. After hearing learned counsel for the petitioner and perusing the paper book, this court does not find any merit in the present petition and the same deserves dismissal. Plaintiff-petitioner had taken a loan of Rs.2,73,000/- for purchase of Tata Sumo but on account of his failure for repayment of the loan, recovery proceedings initiated by defendant-respondent Nos.1 & 2. Deputy Registrar, Cooperative Societies, Fatehgarh Sahib vide its award dated 4.10.1999 ordered for recovery of Rs.1,65,547/- and the award has become final. Execution proceedings were initiated and defendant- respondent No.1 exercising the powers of Assistant Collector, Ist Grade vide order dated 17.10.2007 attached the house of the plaintiff-petitioner in dispute under Rule 72 of the Punjab Cooperative Society Rule 1963 and ultimately the property was put to auction on 28.2.2008 and defendant No.3 was the highest bidder and he purchased the property during auction proceedings. The plaintiff instead of challenging the auction proceedings before the appropriate forum has filed the suit for permanent injunction regarding the house in question, which has been purchased by defendant No.3 in auction proceedings, which had attained finality and he (defendant C.R.No.2790 of 2011 #3# No.3) has become the owner of the house in question. Therefore, both the courts have concurrently and rightly found that no prima facie case in favour of the plaintiff-petitioner is made out, therefore, he is not entitled for any interim injunction during the pendency of the civil suit. In my opinion, both the courts have rightly exercised their discretion judiciously while not granting the interim injunction to the plaintiff-petitioner. Keeping in view the facts and circumstances discussed hereinabove, no illegality or perversity can be found with impugned judgment dated 6.4.2011 passed by the learned Additional District Judge, Fatehgarh Sahib warranting interference under Article 227 of the Constitution. Dismissed. April 28, 2011 ( JASWANT SINGH ) manoj JUDGE