S SWARANJIT SINGH KOHLI Vs. SHIV DUTT SALWAN

JUDGEMENT

(1.) This revision under Section 115 of the Code of Civil Procedure (herein after referred to as 'the Code' by the defendants is directed against the judgment and order dated 10th November, 1982 of the Additional District Judge refusing to hear their appeal challenging the order dated 22nd May, 1982 to temporary injunction passed by the trial court restraining them from making any construction in the premises, during the Pendency of an application filed by the plaintiff under Order 39 rule 2A of the Code for alleged violation of the said temporary injunction.

(2.) The plaintiff respondent No. 1 is in occupation of Shop No. 10 Marina Arcade, Connaught Circus, .New Delhi as a tenant under defendants I to 3. The said shop is a portion of 2 storey building known by the name of Marina Hotel and Marina Arcade. The plaintiff on 11th May, 1982 filed a suit for injunction restraining the defendants from making any construction whatsoever on the roof of the shop of the plaintiff and on the roof oF the verandah in front of the said shop and also in the rear/ back compound behind the shops of the Marina Arcade in which the back portion/rear entrance of the plainti:f's shop opens. The plaintiff along with the suit filed an application under Order 39 rules 1 and 2 of the Code for a temporary injunction. An ex parte injunction was granted by the trial court on 12th May, 1982 and after hearing the defendants the trial court by its judgment and order dated 22nd May, 1982 restrained the defendants from making any further construction on the roof of the plaintiff's shop No. 19 Marina Arcade and verandah in front of the said shop and back rear compound till the disposal of the suit.

(3.) The plainiff-respondent No.l on 27th May, 1982 filed another application under Order 39 Rule 2A of the Code for taking contempt proceedings against the defendants for alleged violation of the injunction order dated 22nd May, 1982. The contempt proceedings are pending in the trial court.