POONAM SHUKLA Vs. RAHUL SHUKLA

JUDGEMENT

(1.) The petitioner has filed the present writ petition under Article 227 of the Constitution of India assailing registration of MJC No. 150/2019 against the petitioner on the application filed by the respondent under Order XXXIX Rule 2-A of the Code of the Civil Procedure for violation of interim injunction passed by the trial Court on 1/10/2009 under Order XXXIX Rule 1 and 2 read with Sec. 151 of the Code of the Civil Procedure in Civil Suit No. 27-A/2009 whereby direction for maintenance of status quo was given.

(2.) The brief facts as reflected from the record are that the plaintiff has filed Civil Suit No. 27-A/2009 for declaration of title of suit property described in Schedule-B of the plaint and partition of the suit property to the extent of th separate share. The plaintiff has also filed an application for injunction against the defendant and the learned trial Court vide its order dtd. 1/10/2009 has ordered for maintaining the status quo with regard to the suit property. Thereafter, it has been alleged that the defendant has started construction over the suit property, as such, application under Order XXXIX Rule 1 and 2 CPC was filed on 16/10/2019. The record of the case further demonstrates that the said civil suit was dismissed on 31/10/2019.

(3.) From perusal of the order-sheets it is quite vivid that the plaintiff has been examined before the trial Court on 12/12/2024 by way of an affidavit as provided under Order 18 Rule 4 of the CPC in the proceedings initiated under Order XXXIX Rule 2A CPC but the cross- examination could not be done, as such the matter was fixed for cross-examination of plaintiff on 26/2/2025, 27/2/2025, 3/4/2025, 04. 04.2025 and thereafter the matter was again fixed for the evidence of the plaintiff on 7/5/2025, thereafter, the petitioner has moved the present writ petition on 8/5/2025 under Article 227 of the Constitution of India challenging the registration of Miscellaneous Judicial Case against them for breach of injunction.