ASHASWI AGGARWAL Vs. RAKESH AGGARWAL

JUDGEMENT

(1.) By virtue of this order, I propose to dispose of the application under Order 39 Rule 2A of the Code of Civil Procedure, 1908 (CPC) read with Section 151 CPC preferred by the Plaintiffs (applicants) for initiating action of contempt against Defendant No. 8, her sons Defendants No. 4 to 7 and Defendant No. 14, Caravan Commercial Company Ltd. for violating the order dated 24.11.2009.

(2.) A suit for partition in respect of property bearing no. 42-44, Sunder Nagar, New Delhi was preferred by the minor Plaintiffs, through their next friend Mrs. Asha Aggarwal. Along with the suit, an application I.A. No. 4108/ 1997 under Order 39 Rules 1 & 2 CPC read with Section 151 CPC was also filed by the Plaintiffs for restraining the Defendants from transferring, alienating, encumbering or disturbing the status quo of the property as it was existing on the date of filing of the suit and the application. By an order dated 07.05.1997, the parties (to the suit) were directed to maintain status quo in respect of the property bearing no. 42-44, Sunder Nagar, New Delhi.

(3.) I.A. No. 4696/ 2005 was preferred by Defendant No. 12 for modification of the order dated 07.05.1997. The order was modified by the Court by an order dated 16.09.2005. Since this order will be relevant for reference a little later, the same is extracted hereunder: