CW-7411/09-Sharvan Lal Vs. State of Rajasthan & Ors. Judgment dt.4.9.09 1/2 S.B. CIVIL WRIT PETITION NO.7411/2009 Sharvan Lal Vs. State of Rajasthan & Ors. Date of order : 4th September, 2009 PRESENT HON'BLE DR. JUSTICE VINEET KOTHARI Mr. Pankaj Avasthi for the petitioner. ------- 1. This writ petition is directed against the order dated 24.2.2009 whereby the learned trial court rejected the application of the appellant-plaintiff under Section 151 C.P.C. 2. The petitioner-appellant sought restoration of construction of bathroom, water tank etc. by the defendant as according to the petitioner, the defendant had demolished the said construction in violation of the order dated 19.9.2007 granted by the appellate court in T.I. matter. The learned counsel for the appellant fairly submits that the application filed by the appellant under Order 39 Rule 2A C.P.C. for alleged contempt committed by the defendant is also pending in the same Court, but he submits that the said application ought to have been decided first and then only the order on the present application under Section 151 C.P.C. ought to have CW-7411/09-Sharvan Lal Vs. State of Rajasthan & Ors. Judgment dt.4.9.09 2/2 been passed. 3. Having heard learned counsel, this Court is of the view that the learned trial court cannot be said to have committed any error in deciding the application under Section 151 C.P.C. at prior point of time than the application under Order 39 Rule 2A C.P.C. for alleged contempt. By interim order on the basis of alleged violation of the order the learned appellate court obviously could not have directed the restoration of the constriction which was allegedly demolished by the defendant and for such alleged violation admittedly the application under Order 39 Rule 2A C.P.C. is pending before the same Court. 4. In view of this, there is no force in this writ petition filed by the appellant. The same is accordingly dismissed. The learned appellate court will decide the said application under Order 39 Rule 2A C.P.C. also expeditiously. Copy of this judgment be sent to opposite party. [ DR. VINEET KOTHARI ], J. item No.2 babulal/