SYED MANZOOR SHAH Vs. ABDUL KALAM

JUDGEMENT

(1.) CM No.21758/2010 Allowed subject to just exceptions. Application stands disposed of. This appeal has been filed by the appellant being aggrieved of the order dated 18.09.2010, whereby the application moved by the appellant under Order XXXIX Rule 2 A CPC has been dismissed by the Additional District Judge after holding that nothing has been brought to the notice of the court that the respondent has violated the orders of status quo granted in favour of the appellant.

(2.) ON 15.05.2009 on an application filed by the appellant under Order XXXIX Rule 1&2 CPC on the basis of the report of Local Commissioner appointed earlier, the learned Additional District Judge has passed the following order :-

(3.) THE grievance raised by the appellant before the Additional District Judge in his application under Order XXXIX Rule 2 A CPC was that the copy of the order dated 15.05.2009 was served upon the respondent and more so, the appellant vide its telegram dated 16.05.2009 has also informed the respondent about the order dated 15.05.2009. Despite that, the respondent in total disobedience and disrespect towards the aforesaid order has started operating from the garage, having converted it into shop and has started tailoring business from the said garage contrary to the orders passed by this court.