O P BHALLA Vs. JAGAT SINGH ARYA

JUDGEMENT

(1.) This appeal arises out of an order passed by the learned ADJ in an application filed by respondent No.1 under Order 39 Rule 1 and 2 CPC in a Suit bearing No.494/2004 which is the suit for declaration and permanent injunction against the appellants, Sh. O.P. Bhalla & Sh. J.R. Bhalla whereby the learned ADJ restrained the appellants from dispossessing respondent No.1 from the suit property.

(2.) Vide impugned order, the learned ADJ has passed the following Orders:

(3.) According to the appellants, the impugned order is not sustainable as the said order is directly in conflict with rights and interest of the appellants as determined and decided vide judgment and decree granted in their favour in a Suit No.973/2002 titled as ,,Sh. O.P. Bhalla & Anr. Vs. Ms. Sudesh Sharma & Ors. with respect to property bearing No.RZ-273, Gali No.17, Tughlakabad Extension, New Delhi (hereinafter referred to as the Suit Property). By way of interim order, the lower Court has not only gone contrary to law but has also adversely denied the facts of the judgment and decree in the aforesaid Suit which was instituted as back as in the year 1988.