AMITA PAHUJA Vs. VED PRAKASH PAHUJA & ORS.

JUDGEMENT

(1.) The above -mentioned application has been filed by defendants No. 1 & 2, under Order XXXIX, Rule 2A read with Sec. 151 CPC, for initiating contempt proceedings against the plaintiff for violation of the status -quo order dated 09.07.2007.

(2.) The plaintiff filed the present suit for permanent injunction in respect of the property bearing No. L -10, Sriniwaspuri, J.J. Colony, New Delhi against the three defendants, namely, Ved Prakash Pahuja, Swaranlata Pahuja, defendants No. 1 & 2 (the present applicants) who are the father -in -law and mother -in -law respectively of the plaintiff and Alok Pahuja, defendant No. 3 who is the husband of the plaintiff. The following prayer was made in the suit: -

(3.) During the pendency of the suit, the defendants No. 1 & 2 have filed the present application. It is stated therein that despite of status -quo order dated 09.07.2007, the plaintiff in violation of the said order is trying to take forcible possession of the third floor which was not having at the time of institution of the suit. The contention of defendants No. 1 & 2 is that the plaintiff was only in possession of the second floor when the suit was filed, as admitted by the plaintiff in paragraph -10 of the plaint. Even the Local Commissioner was appointed who had also given his report that the plaintiff was residing on the second floor of the suit property when the interim order was passed.