BARUN KUMAR NAHAR Vs. PARUL NAHAR

JUDGEMENT

(1.) BY this order I propose to decide the application moved by the plaintiff under Order 39 Rules 1&2 read with Section 151 of CPC.

(2.) BEFORE I deal with the rival contentions raised by the counsel for the parties, it would be appropriate to give brief summary of the facts of the present case. The plaintiff herein is a father-in-law of the defendant no.1 and father of defendant no.2. The plaintiff has filed the present suit for permanent and mandatory injunction. A decree of mandatory injunction has been sought by the plaintiff to direct the defendant no.1 to vacate the premises bearing No. B-197, Greater Kailash, Part-I, New Delhi, while a decree of permanent injunction has been sought by the plaintiff so as to restrain the defendant no.1, her parents, agents, representatives, assignees, associates etc. from creating disturbance in the peaceful possession and occupation of the plaintiff's self-acquired property bearing no. B-197, Greater Kailash, Part-1, New Delhi. In prayer Para (b) instead of claiming permanent injunction the plaintiff has wrongly claimed mandatory injunction and such inadvertent mistake on the part of the plaintiff can be ignored.

(3.) IN the original suit the plaintiff did not seek the relief of mandatory injunction so as to seek vacation of defendant No.1 from the subject premises. But later on, the plaintiff incorporated the said relief of grant of mandatory injunction through an amendment. Along with the amended suit the plaintiff also filed a fresh application under Order39 Rule 1 & 2, CPC for the grant of interim mandatory injunction to seek a direction to the defendant No.1 to vacate the subject premises till the final disposal of the suit.