Temporary injunction

Querist : Anonymous (Querist) 14 November 2011 This query is : Resolved
Experts,
I am representing a suit on behalf of defendant No.2 in which deft.No.2 intervened in the suit with an order of Court in March 2011.The Suit has been filed in June 2010 against only one defendant.When defendant No.2 comes to knowledge about the suit he filed O.1 R.10 application which was allowed by Court.Before adding defendant No.2 in the suit the case proceeded Ex-parte against Defendant No.1 and plaintiff closed his evidence.Plaintiff has not pressed an application on O.39 R.1,2 till now though filed alongwith suit in June 2010.Now plaintiff pressing an application of O.39 R.1,2 and claiming relief only against defendant No.1.
Real fact that,the entire suit property is in the possession of defendant No.2 and in the year of 2005 suit of simpliciter Injunction has been decreed against plaintiff and defendant No.1. An application under/section 11 of C.P.C. is pending in the present suit.
Now question is that,whether plaintiff can press an application seeking relief of temporary injunction only against defendant no.1 excluding defendant no.2 though plaintiff not in possession of the suit land?

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Raj Kumar Makkad (Expert) 14 November 2011
Simple reply of mine is no. In the given facts, plaintiff is not in possession of the property and even a decree had already been passed against him and defendant no. 1 in 2005 and more over property is in the possession of defendant no. 2 then plaintiff has no prima-facie case to seek discretionary relief of injunction at this stage when even application under section 11 of CPC is also pending for disposal.

Devajyoti Barman (Expert) 14 November 2011
If the defdt. no.1 is not in possession of the suit property then what is the point in asking for injunction.

Rajeev Kumar (Expert) 14 November 2011
I agree with above experts

ajay sethi (Expert) 14 November 2011
agree with makkad

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