JUJHAR SINGH Vs. HOTZ INDUSTRIES LTD

JUDGEMENT

(1.) The present appeal is directed against the order dated 06.08.2019 passed by the learned Single Judge, whereby, inter alia, the Execution Petition No.46/2018 preferred by the plaintiff/ appellant to execute the order passed on an application under Order XXXIX Rules 1 and 2 CPC (being I.A. No.3865/2018) was rejected on the ground that the execution petition was not maintainable, and was misconceived.

(2.) The order dated 20.03.2018 passed by the learned Single Judge may be reproduced. The same recites the background facts of the case:

(3.) The aforesaid would show that the learned Single Judge took notice of the decision of the Supreme Court in Dorab Cawasji Warden vs. Coomi Sorab Warden and Others , 1990 2 SCC 117, wherein it had been held that illegal possession can be corrected, even by directing status quo ante, and directing injunction against the defendants not to enter into possession of an undivided joint family residential house by exercising powers under Order XXXIX Rules 1 and 2 CPC.