FRENY RUSTUMJI Vs. RUSTUMJI DEVELOPMENTS

JUDGEMENT

(1.) THE plaintiffs in OS.No.5163/2000 have come up in this appeal impugning the one line order passed by the Court below on IA.No. 16 filed under Order 39, Rule 2A CPC.

(2.) BRIEF facts leading to this appeal are as under: Appellants herein who are plaintiffs in the Court below filed a suit in OS.No.5163/2000 seeking specific performance of the agreement dated 31.3.1988 entered in to between them and defendants with reference to suit schedule properties. During the pendency of said proceedings, an order of temporary injunction was granted in favour of plaintiffs pursuant to an application filed by them under Order 39, Rules 1 and 2, CPC, which is not in dispute. It is contended by appellants herein that during the pendency of said interim order defendants herein have disposed off the suit schedule properties in utter disobedience to the order of the Court below. Hence, plaintiffs filed an application in IA.16 under Order 39, Rule 2A.

(3.) HOWEVER, the order impugned clearly discloses that the Court below has not applied its mind. It has considered the said application in a very casual manner though the allegations made are quite serious, which virtually amounts to showing utter disrespect or contempt to the order of the Court which cannot be permitted.