SHAMBHU DUTT DOGRA Vs. SHAKTI DOGRA

JUDGEMENT

(1.) This is an application filed by the defendant Nos.1 to 3 under the provisions of Order XXXIX Rule 4 Code of Civil Procedure seeking vacation of the ex parte order dated 13.05.2011 granted by this Court in IA No.7816/2011 in the above suit.

(2.) By the aforesaid order dated May 13, 2011, the Court had directed the parties to maintain status quo with regard to the title, possession and construction of the property bearing No.D-13A, Hauz Khas, New Delhi till the next date of hearing. The plaintiff was directed to comply with the provisions of Order XXXIX Rule 3 CPC within one week from the date of the passing of the order.

(3.) On August 18, 2011, the defendants filed the present application for vacation of the aforesaid stay order, which was listed on 19.08.2011, on which date notice in this application was directed to be issued to the plaintiff/non-applicant through counsel. Reply has since been filed by the plaintiff opposing the vacation of the stay order granted by the Court.