LEELA BUILDERS PVT. LTD Vs. SUNITA SINHA

JUDGEMENT

(1.) THE present appeal is directed against the order dated 17.01.2013 passed by a learned Single Judge in I.A No. 766/2013 in CS(OS) No. 2162/2008. The said application was filed under Order XXXIX Rule 2A CPC read with Section 151 CPC for punishing respondent No. 1 / plaintiff No. 1 and respondent Nos. 2 and 3 / defendants No. 9 and 10 for wilful disobedience of the order dated 25.02.2002 and for consequential dismissal of the suit. The operative portion of the order dated 25.02.2002 is under:

(2.) THE allegation of the appellants who were the applicants in the said application is that the above order has been violated and willfully disobeyed by the respondents herein inasmuch as during the pendency of the suit proceedings the said respondents have agreed to sell the property to third parties.

(3.) THE learned counsel for the appellants contended that if the entire order dated 25.02.2002 is read then it could be discerned that the order required status quo to be maintained by the parties. We are, however, unable to read the order in the manner in which the learned counsel for the appellants has suggested. The learned counsel for the appellants also suggested that the order indicated that the interim directions were to avoid multiplicity of proceedings and if the plaintiffs were permitted to sell the property in question it would ultimately result in the multiplicity of proceedings. The learned counsel for the appellants also contended that the plaintiffs were directed not to interfere with or obstruct the peaceful possession of the suit property which was, at the time when the order was passed, in the possession of the defendants.