S RAJINDER SINGH Vs. S DALIP SINGH

JUDGEMENT

(1.) The IA 12765/95 has been filed on behalf of the plaintiff under Order XXXIX, Rules 1,2, Civil Procedure Code for confirmation of the interim orders granted on 20th December, 1995 in favour of the plaintiff Shri Rajinder Singh (since deceased). The defendant has also filed an application, i.e., IA 326/96 under Order XXXIX, Rule 4, Civil Procedure Code for vacation of interim order dated 20th December, 1995. Both these applications are taken up together for disposal.

(2.) The suit filed by the plaintiff claims the following reliefs : "(a) that the parties are co-owners of the properties mentioned as follows : (I) Properties at Nai Sarak, bearing No. 1685-91 : (i) 9 shops on the ground floor; (ii) flats on the first floor; (iii) flats on the second floor; (II) 10 Basant Lok, Community Centre, (III) 8/46, South Patel Nagar, New Delhi, (IV) Chowk Chatti Kui, Arnritsar's property, (b) directing the defendants to render the accounts to the plaintiff; (c) restraining defendant from in any manner selling, alienating, transferring and parting with possession of the properties mentioned in para (a) above; (d) appoint an Administrator/Receiver in respect of the properties mentioned hereinabove; (e) pass any other or further order/direction which this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

(3.) By an order dated 29.12.1995, passed by the Hon'ble Vacation Judge in IA 2966/95 & CCP 168/96 in the main suit, the defendant was further restrained from creating any third party rights.