“From the perusal of the record, it is revealed that the plaintiff has filed the present suit on 24.05.2010 accompanying the application under Order 39 Rule 1 & 2 CPC dated 18.05.2010 but surprisingly the said application has not been pressed by the plaintiff till 15.02.2021 and the plaintiff has filed a fresh application under Order 39 Rule 1 & 2 CPC for stay on 24.02.2021. The plaintiff also did not press the second application for about 1 year & 10 months and pressed the same only on 10.01.2023. Perusal of record further reveals that now the matter is at the stage of defendants’ evidence and defendant no.2 has already led his evidence and he has been cross examined at length by the plaintiff and only defendant no.1 is left to be examined and cross examined. The plaintiff kept silence for more than 11 years of filing the present suit. Therefore, this court is of the opinion that the relief of interim injunction at a belated stage is not proper one to be granted. Thus, no prima facie case is made out in favour of the plaintiff. Even balance of convenience also does not lie in favour of the plaintiff and no irreparable loss would be caused to the plaintiff The application under Order 39 Rule 1 & 2 CPC is devoid of merit and same deserves dismissal out rightly. In view of the abovesaid reasons, the application of the plaintiff under Order 39 Rule 1 & 2 CPC is hereby dismissed.”
