(1.) Admit. The matter has been heard with the consent of the parties and is being disposed of filially.
(2.) Plaintiff had filed a suit for injunction and by order dated 6.8.1999, the Trial Court passed an order of injunction in favour of the plaintiff. I am informed that an appeal is pending against this order. Plaintiff filed an application under Order 39 Rule 2(A), Civil Procedure code for initiating proceedings against the defendant for his having 'allegedly committed contempt of the Court by violating the order of injunction. When this application was pending the respondent filed an application under Section 151, Civil Procedure code for permission to the defendant to carry out certain repairs on the structure existing on the suit land. On this application being filed, the plaintiff also filed an application under Section 151, Civil Procedure code contending inter alia that till such time the respondent purged himself of the contempt he cannot be heard on his applica- tion under Section 151, Civil Procedure code. By the impugned order, the Court after hearing the parties held that all these applications will be heard together and thereafter such applications which are covered by the principles of law laid down by the judgments relied upon by the Counsel for the parties will be disposed of. The matter was. therefore, adjourned to 7.7.2000 for arguments on these applications. Being ag- grieved by this order the present revision petition was filed.
(3.) It is the contention of the learned Counsel for the petitioner that till such time the respondent purges himself of the contempt committed by him, the respondent's application under Section 151 cannot be heard by the Court and the Trial Court, therefore, erred in fixing all the three applications for arguments on 17.7.2000.