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TMI Blog1950 (3) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent thereupon filed a suit in the District Court, Anantapur, which is still pending, for a declaration that the decree passed in the former suit was obtained by fraud and was therefore not binding on her. With the plaint she filed an application for a temporary injunction to restrain the Court from passing a final decree in the partition suit. The District Judge dismissed the application, whereupon the respondent filed C. M. A. no. 599 of 1949 to this Court, which is pending. With the appeal the respondent filed an application for an interim Injunction to have effect during the pendency of C. M. A. no. 599 of 1949. The learned Judge who heard this application refused to consider the main question which arose in the appeal, i.e., whether a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; nor does their judgment suggests that they considered whether that order had any applicability to the facts before them. It is not quite clear that an order under Order 39, Rule 1 would not have been applicable to the facts of that case, which were not quite the same as those before us, although there, too, the suit was one to set aside a decree on the ground of fraud. All that the learned Judges said which is at all material to the matter before us was : It was pointed out that having regard to the fact that the suit was for a permanent injunction the denial of a temporary in junction would be to defeat the object of this suit ..... The learned Judge has found that it a temporary injunction be refused, then 'it will have', t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... very strongly take the view that, when a decree has been passed against a party who is himself seeking to obtain an Injunction, the Court has no jurisdiction whatever ...... to grant an injunction on the ground that the property is in danger of being wrongfully Bold in execution ....... Whilst the decree remains unreverted, it is a good decree and all steps in execution of it are perfectly legal. With great respect, we entirely agree. 4. As already stated, the appellant has obtained a preliminary decree for partition; and he is entitled to continue the proceedings in that suit, to obtain a final decree, and to execute it. The suit does not relate at all to property although possession of suit property by the appellant may result in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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