G KAMLA RAO Vs. K JAWAHAR REDDY

JUDGEMENT

(1.) Special leave granted.

(2.) On a suit being filed by the appellant, the trial court had passed an ex parte injunction order under Order 39 Rule 1 Civil Procedure Code against the present respondents. The case of the appellant before the trial court, thereafter, was that the injunction which had been granted was violated by the respondents and for this reason an application under Order 39 Rule 2a Civil Procedure Code was filed by the appellant. The trial court vide its order dated 18/8/1999 allowed the application under Order 39 Rule 2a and imposed a fine of Rs. 1,000. 00 It was also further directed that the tenants should vacate the promises within three months of the said order.

(3.) The respondents herein then moved the High Court and filed a Civil Misc. Appeal. By the impugned judgment, the High Court observed that it was not inclined to go into the merits of the rival contentions because the application under Order 39 Civil Procedure Code was still pending, but at the same time it directed that the impugned order of the trial court would be kept in abeyance.