09. It is pertinent to note here that both the learned courts below specifically recorded the findings of ‘ prima facie case’, ‘balance of convenience’ and ‘irreparable loss’ in favour of the defendants/petitioners, yet, the learned first appellate court exceeded its jurisdiction though apparently by relying on the decision of the Hon’ble Supreme Court in the Maharwal Khewaji Trust (Registered) (supra), exercised its power under Section 151 of the Code and directed the parties to maintain status quo in the matter of transferring, alienating or creating any third party interest or any further construction on the suit land till the disposal of the suit. At this stage, it must be pointed out that the said order was passed exercising jurisdiction under Section 151 of the Code and relief of temporary injunction has not been granted under Order 39 Rule 1 and 2 of the Code, however, the effect is the same. The Hon’ble Supreme Court has time and again observed that when there is specific provision in the Code itself, recourse should not be taken to the inherent powers of the court under Section 151 of the Code. The Hon’ble Supreme Court in the case of My Place Mutually Aided Coop. Society v. B. Mahesh, reported in 2022 SCC OnLine SC 1063, held that exercise of power under Section 151 of the Code could only be in circumstances where alternate remedies do not exist. Furthermore, there has been unequivocal concurrent findings of the learned trial court
